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Goods or Services Advertising

DLA Piper

FTC Finalizes "Click-to-cancel" Rule: Top Points

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On October 16, 2024, the Federal Trade Commission (FTC) finalized significant updates to the Negative Option Rule. The amendments to the rule, now titled the “Rule Concerning Recurring Subscriptions and Other Negative Option...more

Awatif Mohammad Shoqi Advocates & Legal...

Digital Transactions: Consumer Rights, E-Security, and Data Privacy Under Modern Technology Regulation

The rise of digital transactions has transformed interactions between consumers and businesses. As technology rapidly advances, regulatory frameworks must adapt to address emerging challenges. Federal Decree-Law No. 14/2023...more

Manatt, Phelps & Phillips, LLP

Remember My Origin: Federal Circuit Establishes Standard for Certification Mark Fame

Trademarks are used to identify and distinguish an individual’s or entity’s goods or services from those manufactured or sold by others and to indicate the source of such goods or services. In contrast, and with respect to...more

Manatt, Phelps & Phillips, LLP

California’s New Pricing Laws Are in Effect: Are You in Compliance?

In October 2023, California passed SB 478, an amendment to the Consumers Legal Remedies Act (CLRA), known as the “Honest Pricing Law” or “Hidden Fees” statute. SB 478 is a broad “all-in” price transparency law that impacts...more

Cozen O'Connor

AGs Reach Settlement with Cameo over Paid Endorsement Video Disclosures

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A bipartisan coalition of 30 AGs, led by New York AG Letitia James, reached a settlement with Baron App, Inc., doing business as Cameo, to resolve allegations that Cameo failed to disclose when videos were paid endorsements,...more

Fenwick & West LLP

California’s Hidden Fee Ban: FAQs and Guidance

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On July 1, 2024, California’s law banning hidden fees took effect. Under the Consumer Legal Remedies Act (CLRA), SB 478 provides that businesses transacting with California consumers may not apply additional fees or charges...more

Erise IP

What’s Trending in Trademarks, June 2024: Toms Shoes Says Unauthorized Seller is Hurting Its Brand, Supreme Court Passes on...

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Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Toms...more

Holland & Knight LLP

California Law Bans Hidden Fees for Goods and Services Starting July 1, 2024

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California Senate Bill 478 (SB 478) will prohibit hidden fees for goods and services beginning July 1, 2024. The amendment to the California Legal Remedies Act (California Civil Code Section 1770(a)(29)) aims to eliminate...more

Cozen O'Connor

California AG Releases Guidance on “Honest Pricing Law”

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California AG Rob Bonta has issued guidance regarding California Senate Bill 478, also known as the “Honest Pricing Law” or “Hidden Fees Statute,” that will take effect July 1, 2024. The new law is designed to eliminate...more

Miller Canfield

F1 Team Sues Former Principal Over Personal Photographs Displaying Team Trademarks in Memoir

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Earlier this year, the Haas F1 Team announced it would compete in the 2024 Formula One Championship without the leadership of its former principal Guenther Steiner. Following this separation, Steiner sued his former team for...more

Faegre Drinker Biddle & Reath LLP

Attention to Detail — and the Defense — Prevails in Two Recent Cases

Two recent decisions emphasize the necessity of precisely examining a plaintiff’s complaint for potential defenses while keeping each element of the TCPA in mind. First, in Hulce v. Zipongo, Inc., No. 23-C-0159, 2024 WL...more

Knobbe Martens

FTC Cracks Down on Deceptive Marketing: Old Southern Brass Faces Consequences for False Claims on “Made in USA” and Military...

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The Federal Trade Commission is cracking down on Florida-based EXOTOUSA LLC d/b/a Old Southern Brass and its owner (collectively, “OSB”) for deceptive claims regarding the origin of its products and its alleged financial...more

Jenner & Block

New California Law Targets Drip Pricing

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A new California law, Senate Bill No. 478, takes aim at “drip pricing,” the practice of advertising goods or services at one price and then adding mandatory charges or fees later in the sales transaction. While federal...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - Wrestling with the Scope of Trademark Rights

2024 has started off strong for Dwayne "The Rock" Johnson, as he recently joined the board of TKO Ground, the company behind WWE and UFC, and acquired WWE’s trademark rights in his “THE ROCK” nickname....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - January 2024

Thank you for reading the January 2024 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Dwayne "The Rock" Johnson's recent trademark acquisition and the importance of understanding those rights. ...more

Patterson Belknap Webb & Tyler LLP

Supply Demanded: Ninth Circuit Confirms Classwide Damages Models Must Account for Supply-Side Factors

In a decision issued earlier this year, Mier v. CVS Health, 2023 U.S. App. LEXIS 19472 (9th Cir. 2023), the Ninth Circuit held (per our research, for the first time) that class-wide damages models must be based on conjoint...more

Manatt, Phelps & Phillips, LLP

Massachusetts AG Proposes Rule Regulating “Junk Fees” and Subscriptions

On November 30, Massachusetts Attorney General Andrea Campbell (the “AGO”) unveiled a new proposed rule regulating “junk fees” and consumer subscriptions (the “Proposed Rule”). The Proposed Rule in large part mimics, and in...more

Troutman Pepper

Massachusetts Proposes Fee Disclosure Regulations Targeting “Junk Fees” and Automatic Renewal Contracts

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On November 30, Massachusetts Attorney General Andrea Joy Campbell announced proposed regulations that would require businesses to clearly disclose the total price of a product at the time it is presented to consumers,...more

Arnall Golden Gregory LLP

That Don’t Make It Junk: The Proposed “Junk Fee” Ban Will Fundamentally Change Concert Ticketing

On October 11, 2023, the Federal Trade Commission (“FTC”) announced a proposed rule to prohibit so-called “junk fees” in connection with the sale of consumer goods and services. According to the FTC, the proposal, known as...more

Manatt, Phelps & Phillips, LLP

FTC Regulation Tracker—October 2023

The big regulatory news out of the FTC in October is a Notice of Proposed Rulemaking on Unfair or Deceptive Fees, or as the Commission calls them, “Junk Fees.” As we explain in more detail in our article on the Proposed...more

Holland & Knight LLP

The Other Price Transparency Shoe Has Dropped: FTC Proposal Targets Consumer Sales "Junk Fees"

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The Federal Trade Commission (FTC) has issued a new proposed trade regulation rule that would make it an unfair and deceptive practice to misrepresent the total costs of goods and services by omitting mandatory fees from...more

Womble Bond Dickinson

4th Circuit: Offering a Free Gift Could Be an Unsolicited Advertisement

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The 4th Circuit held that offering a free eBook could violate the TCPA’s prohibition on “unsolicited advertisements.” PDR Network publishes the Physicians’ Desk Reference, which is “a compilation of medical prescribing...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2023

Thank you for reading the July 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we continue our three-part series that closely examines ways to lose trademark rights with a discussion of genericide. We...more

Hogan Lovells

German Federal Court of Justice on Social Media Advertising for Products provided free of Charge

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Influencers who received goods or services free of charge from companies and then link to them on their social media channels, for example, by placing what is known in Germany as a "tap tag," generally have to label such...more

BakerHostetler

Made in USA, Part Two – How Far Back Do You Have to Look?

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Prior to the new year, we blogged about how the Federal Trade Commission’s (Commission) decision to codify its Made in USA (MUSA) guidance into a rule – and the accompanying threat of civil penalties – makes it all the more...more

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