What do comedian Kevin Hart, model Kendall Jenner, rapper Snoop Dogg, actor Dwayne “The Rock”, Johnson and CNBC’s “Mad Money” host Jim Cramer have in common? They all have inked deals recently to promote alcohol beverage...more
The metaverse is widely regarded as the next frontier in digital commerce, with businesses across industries spending millions of dollars buying digital real estate and investing in platforms to be market leaders. Alcohol...more
4/29/2022
/ Advertising ,
Compliance ,
E-Commerce ,
Enforcement ,
Labeling ,
Licensing Rules ,
Metaverse ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Sponsorship Agreements ,
Underage Drinking ,
Wine & Alcohol
Many brands have taken steps to proactively protect their intellectual property rights for use in connection with metaverse-related goods and services. This may include filing new trademark registrations or purchasing...more
Non-Fungible Trademark Infringement or Nominative Fair Use Token? Nike -v- StockX Duel Is on Pace To Shape the Future of the Metaverse
Nike, Inc. has filed a federal complaint against StockX, LLC, an online resale...more
Environmentally responsible fashion has become a key marketing signal for many global brands, with advertising claims such as “sustainable,” “responsibly sourced,” “organic,” and “recycled” cropping up throughout the fashion...more
In a first-of-its-kind case, the Federal Trade Commission required Fashion Nova to pay $4.2 Million for blocking negative customer reviews in violation of the FTC Act. Shortly after, the agency released new guidance for...more
With growing consumer shift toward "sustainable" products, retail companies must ensure that claims of sustainability can be substantiated while planning ahead for anticipated changes to the Federal Trade Commission's Green...more
The New York State Fashion Sustainability and Social Accountability Act (S7428/ A8352) (Fashion Act) would require fashion retailers and manufacturers doing business in New York State to comply with stringent supply chain...more
The Los Angeles District Attorney’s Office has ordered Kanye West’s Yeezy brand to pay $950,000 to settle a class action lawsuit claiming that the brand’s delayed shipping, and lack of notice thereof, is a violation of...more
11/19/2021
/ Attorney's Fees ,
California ,
Civil Monetary Penalty ,
Class Action ,
False Advertising ,
Injunctive Relief ,
Refunds ,
Restitution ,
Settlement Agreements ,
Shipping ,
Unfair Competition
Many of us are familiar with the triangular “chasing arrows” recycling symbol that can be found on products and packaging. Consumers may believe they are doing their part for the environment when purchasing items with the...more
Trade associations and other cooperatives should heed the warning implied by the US Department of Justice’s aggressive stance in a recent court filing
Trade associations and other cooperatives should heed the warning...more
Mattress manufacturer, Resident Home LLC and its owner, Ran Reske, will pay $750,000 to settle Federal Trade Commission (FTC) charges over alleged misrepresentations that its mattresses were made from 100% USA-made materials...more
The U.S. Federal Trade Commission (FTC) on October 13, 2021, warned 700 major consumer products companies and national advertisers that any future violations of the FTC’s endorsement and testimonial guidance could result in...more
A federal district court recently found that a large diet and wellness company likely violated California’s Automatic Renewal Law by failing to send consumers confirmation emails that included specific instructions about how...more
The fashion industry is known for taking creative risks, so it is understandable that the industry is taking its next steps—literally—out of this world. Big name labels and innovative fashion start-ups are setting their...more
In a lawsuit filed on June 29, 2021, in Texas state court, a major national retailer alleges that a Texas law restricting its retail locations from selling liquor to consumers violates the Texas Constitution. The retailer is...more
Carbon-reduction claims, such as “carbon neutral” and claims about lower “carbon footprints,” are proliferating in the marketplace. Many of these advertising claims are based on the purchase of carbon credits, an...more
Rapper and actor Ice Cube sued the online trading platform Robinhood alleging false association, misappropriation of publicity rights, and unfair competition based on Robinhood’s use of Ice Cube’s image and a paraphrased...more
In May 2021, two photojournalists filed a class action lawsuit against Instagram, alleging that the social media giant allowed and encouraged third parties to ‘embed’ images shared to the platform in violation of copyright...more
Two recent antitrust decisions by federal courts offer cautionary tales for businesses and trade associations. The cases involve common antitrust trouble spots: complaints from customers, “bad emails,” and competitor boycotts...more
Carbon-reduction claims, such as “carbon neutral” and claims about lower “carbon footprints,” are proliferating in the marketplace.
Many of these advertising claims are based on the purchase of carbon offsets, an...more
In an attempt to align with their clients’ values, a growing number of businesses are selling products that are “ethically” sourced or “sustainable.”
Both the US and the EU have started to monitor such claims and take...more
In an attempt to align with their clients' values, fashion companies have tried to manufacture and produce clothing that is ethically made and sustainable.
Both the US and the EU have started to monitor such claims and...more
With so much uncertainty, many brands are opting for a wait-and-see approach to social media advertising, though the approaches differ considerably from platform to platform.
As most Americans were stuck at home during...more
The Federal Trade Commission (FTC) issued a $1.2 million fine against glue manufacturing company, Chemence, Inc. for violating a 2016 consent order requiring the company to qualify its “Made in USA” claims in its promotional...more