When hoping to resolve advertising concerns or disputes quickly and easily, companies should not only consider utilizing the National Advertising Division (“NAD”), but also the potentially lesser-known Electronic Retailing...more
Although they may not immediately connote a traditional form of advertising, food menus and labels serve as a form of advertising in the minds of many consumers and are regulated by Food & Drug Administration (“FDA”). Read...more
When marketing products or services to children, companies should be aware of applicable statutes and guidance and should be particularly cautious with their advertising claims....more
Though apparently not when it comes to suing for copyright infringement. Earlier this week, the Ninth Circuit issued a ruling in a case involving photographs taken by a monkey on a camera left unattended by a nature...more
March Madness always brings about trademark enforcement-related news. What we generally don’t see is news about a participating school submitting trademark applications while the basketball tournament takes place. ...more
Failing to have adequate substantiation for advertising claims can land companies in hot water. Case in point: The Federal Trade Commission (“FTC”) recently announced that it had settled charges against a company and its CEO...more
Social media bots may seem like a futuristic phenomenon or something belonging only in the TV series “Homeland,” but they’re already here affecting businesses and individuals online.
Last month, the New York Times reported...more
It was that time of year again—when everyone looks forward to watching commercials and debating which companies hit and which companies missed. Yes, Super Bowl LII happened yesterday and there was no shortage of funny, sad,...more
In what may be the final installment of a series of blog posts related to the Lanham Act’s disparaging trademark ban and its effect on the Washington Redskins’ trademarks, the Fourth Circuit finally issued a decision in the...more
At most public universities, student organizations are permitted to license various university trademarks to designate the organization’s involvement with the university and the organization’s status as a registered student...more
This post follows up on my prior blog post regarding the case pending at the United States Supreme Court involving the question of when a copyright holder can properly file a copyright infringement lawsuit. The petitioner,...more
Following up on my blog post related to the Federal Trade Commission’s (“FTC”) prohibition on illegal sales calls and robocalls, today the FTC issued its National Do Not Call Registry Data Book for Fiscal Year 2017. Now in...more
Continuing my ongoing coverage of the Lanham Act’s disparaging trademark ban, the Federal Circuit ruled today that the U.S. Supreme Court’s June 2017 ruling striking down the ban on disparaging trademarks also applies to the...more
Following up on my blog post last month related to the Coachella/Filmchella trademark infringement case pending in the Central District of California, the court held this week that the organizer of the Filmchella music...more
The Coachella/Filmchella trademark infringement case continues to heat up. Last month, my colleague Megan Center wrote a blog post about the preliminary injunction granted by the Central District of California to the...more
Last month, a journalism collective called the Fourth Estate Public Benefit Corp. (“Fourth Estate”) petitioned the United States Supreme Court to review a decision issued by the Eleventh Circuit involving the question of when...more
Earlier this week, Under Armour filed a declaratory judgment action in Maryland federal court against Battle Fashions Inc. and Kelsey Battle seeking an order that Under Armour is not infringing any of Battle Fashion’s...more
Last month, the Food & Drug Administration (“FDA”) sent a lengthy warning letter to Nashoba Brook Bakery, a bakery based in Massachusetts, identifying a number of alleged violations of food regulations and labeling...more
The Federal Trade Commission (“FTC”) operates a single National Do Not Call Registry at donotcall.gov for both personal land lines and cell phones. Although the FTC notes that the Federal Communications Commission (“FCC”)...more
The U.S. Food and Drug Administration (“FDA”) regulates dietary supplements as food, not as drugs. In general, dietary supplements are taken orally and contain a dietary ingredient such as a vitamin, mineral, amino acid,...more
In direct response to the U.S. Supreme Court’s decision striking down the constitutionality of section 2(a) of the Lanham Act, which as enacted barred the registration of disparaging trademarks, there is reason to believe...more
On May 20, 2016, the Food and Drug Administration (“FDA”) announced new changes to the Nutrition Facts label required for packaged foods. The FDA’s intent was to create a new label that would make it easier for consumer to...more
On June 19, 2017, the United States Supreme Court issued its long-anticipated ruling in the Lee v. Tam trademark dispute involving the rock band, The Slants. As detailed in an earlier blog post, the legal issue faced by the...more
The Food & Drug Administration (“FDA”) regulates cancer drugs and devices, both for use by humans and pets. Such drugs and devices must obtain FDA approval or clearance before they can be marketed or sold to consumers, so...more
The Federal Trade Commission (“FTC”) recently filed a Complaint in the Southern District of California against six entities and four individuals, accusing them of deceiving customers with their use of “free” and “risk-free”...more