The gaming industry is increasingly becoming a target for consumer class actions, as plaintiffs’ attorneys are scrutinizing the marketing and performance claims of gaming PCs and accessories. However, gaming companies are...more
Proskauer’s Asian Lawyer Affinity Group and Ares teamed up for a dynamic Q&A with fashion luminary and activist Phillip Lim, delving into the interplay between identity and entrepreneurship. Moderated by Ares' COO Jana...more
This past Friday, the Second Circuit reversed a lower court’s denial of a motion to compel arbitration in a putative consumer class action against fintech company Klarna. Edmundson v. Klarna, Inc., Case No. 22-557-cv (2d...more
This week the FTC announced that it finalized its revisions to the Endorsement Guides, which give advertisers guidance on ensuring that their use of endorsements or testimonials complies with the FTC Act. At the same time,...more
7/3/2023
/ Advertising ,
Celebrity Endorsements ,
Disclosure Requirements ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Social Media ,
Unfair or Deceptive Trade Practices
On May 18th, the Supreme Court handed down its much‑anticipated opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith. We’ve tracked the progress of this case through the trial court, Second Circuit, and...more
It has been almost 40 years since Bruce Springsteen first famously celebrated being American-made with his hit "Born in the USA."
From an advertising industry perspective, this song's lasting popularity is no surprise;...more
1/17/2023
/ Advertising ,
Class Action ,
Department of Agriculture ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Made in the USA ,
Misleading Statements ,
Penalties ,
Product Labels ,
USDA
It has been almost forty years since Bruce Springsteen first famously celebrated being “Born in the USA.” From an advertising industry perspective, this song’s lasting popularity is no surprise; as advertisers know, “Made in...more
On March 28th, the Supreme Court granted certiorari in Warhol Foundation v. Goldsmith, a case involving the core issues around copyright fair use. The case involves a series of Warhol drawings and silkscreen prints adapted...more
6/28/2022
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Appeals ,
Appropriation ,
Artistic Works ,
Artists ,
Certiorari ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Fine Art ,
Intellectual Property Protection ,
Oracle v Google ,
Plagiarism ,
SCOTUS ,
The Copyright Act ,
Transformative Use
2021 saw well over 500 new class actions in the advertising space. With the number of these cases increasing, it is more important than ever for businesses to stay on top of the latest trends, including the types of products...more
In three previous blog posts, we have discussed recent inventorship issues surrounding Artificial Intelligence (“AI”) and its implications for life sciences innovations – focusing specifically on scientist Stephen Thaler’s...more
3/9/2022
/ Artificial Intelligence ,
Innovative Technology ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Life Sciences ,
Patent Act ,
Patent Applications ,
Patent Litigation ,
Patent Ownership ,
Patents ,
Pharmaceutical Industry ,
Statutory Interpretation ,
USPTO
Cryptocurrency, social media, and celebrity or influencer endorsements have all been top of mind recently, including for advertisers. A newly filed lawsuit is asking a federal court to consider the intersection of these...more
1/27/2022
/ Advertising ,
Celebrity Endorsements ,
Class Action ,
Cryptocurrency ,
Digital Assets ,
Disclosure Requirements ,
Endorsements ,
Ethereum ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Misrepresentation ,
NAD ,
Online Endorsements ,
Online Platforms ,
Social Media ,
Token Sales ,
Unfair or Deceptive Trade Practices
In this final installment of our “On Notice” series about the FTC’s Notice of Penalty Offenses Concerning Endorsements, we discuss when and how to properly disclose the existence of a material connection between an advertiser...more
1/13/2022
/ Advertising ,
Brand ,
Celebrity Endorsements ,
Disclosure Requirements ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
NAD ,
New Guidance ,
Online Endorsements ,
SWIFT ,
Unfair or Deceptive Trade Practices
Continuing our series on the FTC’s Notice of Penalty Offenses Concerning Endorsements, this post considers the FTC’s statement that it is unlawful under Section 5 of the FTC Act “for an advertiser to continue to advertise an...more
12/10/2021
/ Advertising ,
Celebrity Endorsements ,
Competition ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Marketing ,
NAD ,
Online Endorsements ,
Section 5 ,
Unfair or Deceptive Trade Practices
Continuing our series on the FTC’s Notice of Penalty Offenses Concerning Endorsements, this post considers the issues of falsely attributed, mischaracterized, and fabricated endorsements – practices that the FTC highlighted...more
Judge Richard Seeborg of the Northern District of California recently ruled in favor of Miyoko’s Kitchen in a suit concerning Miyoko’s labeling of its plant-based spread as “vegan butter.” In doing so, Judge Seeborg...more
10/5/2021
/ Advertising ,
Censorship ,
Commercial Speech ,
First Amendment ,
Food Manufacturers ,
Food Supply ,
Lack of Authority ,
Likelihood of Confusion ,
Marketing ,
Misleading Impressions ,
Plant Based Products ,
Product Labels ,
Substantial Evidence ,
Unfair or Deceptive Trade Practices ,
Veganism
On August 23rd, the Federal Circuit upheld in part and reversed in part a decision from the Patent Trial and Appeal Board’s (PTAB or Board) concerning Ethicon’s patent on a robotic surgical tool, holding that the Board’s...more
8/27/2021
/ Biotechnology ,
Intellectual Property Protection ,
Inventions ,
Medical Devices ,
Patent Infringement ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Industry ,
Prior Art ,
Robotic Surgery
A Third Circuit panel recently affirmed a Pennsylvania district court decision in favor of defendant Innovative Designs (“IDI”) in an advertising challenge by the FTC. We previously blogged about the district court decision,...more
Judge Jed Rakoff of the Southern District of New York recently denied a motion to dismiss in a copyright dispute involving the unlicensed “embedding” of a social media video. In doing so, the court explicitly and definitively...more
8/16/2021
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Intellectual Property Protection ,
IP License ,
Motion to Dismiss ,
Online Platforms ,
Online Videos ,
Popular ,
Right of Reproduction ,
Social Media ,
The Copyright Act ,
Web Servers ,
Websites
A Ninth Circuit panel recently affirmed dismissal of a putative consumer class action alleging Trader Joe’s misleadingly labeled its store brand honey as “100% New Zealand Manuka Honey,” where plaintiffs’ pollen content...more
8/10/2021
/ Advertising ,
False Advertising ,
Food & Drug Regulations ,
Food Labeling ,
Food Manufacturers ,
Grocery Stores ,
Honeybees ,
Misleading Statements ,
Putative Class Actions ,
Retail Market ,
Trader Joes
Judge Victor Marrero of the Southern District of New York recently largely denied a motion to dismiss claims that Canada Goose misled consumers by representing that the fur on Canada Goose jackets is ethically and sustainably...more
In a unanimous precedential decision, a Ninth Circuit panel recently affirmed the dismissal of a putative class action against Trader Joe’s, which alleged that the statement “Up to 5% Retained Water” on Trader Joe’s poultry...more
Judge Todd W. Robinson of the Southern District of California recently dismissed a putative class action against Edgewell Personal Care, the makers of Wet Ones antibacterial hand wipes, alleging it misled consumers by...more
The Eighth Circuit recently affirmed the dismissal of a class action alleging that Unilever’s differential pricing of men’s and women’s antiperspirants violated the Missouri Merchandising Practices Act (MMPA). In doing so,...more
The Second Circuit recently upheld a ruling that streaming giants Apple, Amazon, and Netflix engaged in fair use, in a case concerning the use of plaintiff musicians’ song in a documentary film available for viewing on...more
Judge Joshua D. Wolson of the U.S. District Court for the Eastern District of Pennsylvania recently dismissed a Lanham Act suit that challenged critical comments on a blog (not this one!). The case was brought by plaintiff...more