Offering some hope to retailers facing litigation over allegedly false markdowns on price tags, the U.S. Court of Appeals, Ninth Circuit released an unpublished opinion upholding a California federal court decision that...more
Reversing prior precedent that prevented collecting sales tax from Internet retailers that do not have a physical presence in the state, the 5-4 Supreme Court said the case law didn’t reflect the current reality....more
Marking its 89th decision, the Online Interest-Based Advertising Accountability Program released two decisions addressing the issue of transparency....more
What do online charitable giving portals need to know to avoid violating advertising law principles?
The Federal Trade Commission, in response to its own concern that such portals can inadvertently create donor confusion,...more
The Do Not Track Kids Act has made a return to Congress, with lawmakers hoping the third time will be the charm and the protections of the Children’s Online Privacy Protection Act (COPPA) will be extended to children up to...more
Affirming a district court ruling, the U.S. Court of Appeals, Fifth Circuit agreed with Viacom International that a fictional underwater restaurant named The Krusty Krab featured in SpongeBob SquarePants is entitled to...more
Arguing that the defendant was clearly the “sponsor” of a scratch-card promotion, an Illinois resident moved for partial summary judgment in her class action alleging violations of state law....more
To resolve allegations of Children’s Online Privacy Protection Act (COPPA) violations, a Chinese software and consumer electronics company agreed to pay the New Jersey Attorney General’s Office $100,000 and change its...more
Potential violations of the Children’s Online Privacy Protection Act (COPPA) and the COPPA Rule triggered letters to two foreign companies from the Federal Trade Commission, cautioning that their apps and devices may run...more
After the U.S. Court of Appeals for the Ninth Circuit breathed new life into a deceptive pricing class action, Neiman Marcus agreed to pay almost $3 million to settle the case....more
Just three months after announcing it will no longer use touched-up images in its beauty ads, CVS Pharmacy released the first advertisements of its new campaign....more
In a victory for defendants, the New Jersey Supreme Court ruled that a plaintiff must suffer actual harm from an allegedly unlawful provision in a contract or notice to be an “aggrieved” party under the state’s Truth in...more
A case of whether tattoos are entitled to de minimis and fair use copyright protection continues to move through the courts, with a New York federal judge allowing a tattoo artist’s lawsuit against a video game manufacturer...more
Lindsay Lohan has lost yet another publicity rights lawsuit, this time in New York’s highest court....more
A virtual game platform constituted illegal gambling under Washington law, the U.S. Court of Appeals, Ninth Circuit has ruled, finding that the casino’s virtual chips are a “thing of value.”...more
In a battle over the term "Blizzard," Dairy Queen and W.B. Mason have filed competing lawsuits seeking control of the mark....more
At a recent conference, social media influencers took aim at what they perceive to be a double standard in enforcement of the Federal Trade Commission’s (FTC) Endorsement Guides....more
The plaintiffs hit a snag in long-running litigation against Monster Beverage Corp. when a California federal court denied their motion to certify a class of nationwide consumers numbering in the hundreds of thousands....more
The U.S. Court of Appeals for the Seventh Circuit recently turned to the Indiana Supreme Court for guidance on the issue of publicity rights in a case involving online fantasy sports games....more
Already the target of state and federal regulators, cryptocurrency is now being phased out of online advertising and social media....more
Nike won a challenge to its “Jumpman” logo when the U.S. Court of Appeals for the Ninth Circuit affirmed the lower court dismissal of a copyright infringement suit brought by a photographer....more
In an effort to protect older consumers, the Federal Trade Commission filed a pair of actions challenging sweepstakes and tech scams....more
In a decision making headlines, a New York federal court judge held that a tweet embedded in news stories may constitute copyright infringement....more
Ruling that the plaintiff failed to present sufficient evidence that a dietary supplement promised weight loss, a California federal court judge threw out a putative class action against Vitamin Shoppe....more
Is water a “natural element”? -
A New York federal court judge elected to put the question to a jury in a false advertising lawsuit accusing Purex of deceiving consumers by prominently displaying the phrase “Natural...more