On today’s episode of AD Nauseam – which is the first of a two-part series – Amy, Daniel and Sarah talk about AI and why it’s such a broad pressing concern.
Questions & Comments: amudge@bakerlaw.com; dkaufman@bakerlaw.com ;...more
Most of us know that the Federal Trade Commission (FTC) Guides Concerning the Use of Endorsement and Testimonials in Advertising (the Guides) were updated in June 2023. While the Guides aren’t law, you ignore them at your...more
1/31/2024
/ Advertising ,
Corporate Branding ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Social Media ,
Unfair or Deceptive Trade Practices
Back in June, we mentioned how politicians were hopping on the Joe Biden bandwagon when it came to a pre-2016 political throwback issue: junk fees.
Biden highlighted it in his State of The Union address in February, and...more
Guess Who Members Can’t Share the Band -
Ancient rockers hurl lawsuit at former bros, but will it stick?
When Friends Fall Out -
Baroque internecine conflicts and acrimonious legal battles are nothing new in the...more
Our friendly self-regulatory body in the advertising world – the Better Business Bureau’s National Advertising Division (NAD) – flat-tired* a sneaker brand this week for its sponsored posts on editorial publishers’ social...more
Sunscreen Suits: A Plaintiff Will Rise?
New suit, same allegations—are counsel’s tan lines showing?
When Last We Met...
Here’s a brief follow-up to our summary of Akes v. Beiersdorf, Inc.—or, rather, a follow-on,...more
Ex-Reality Star Sues To Protect His Likeness Against AI -
‘Big Brother’ runner-up’s fame may be in doubt, but his case has legs -
New Contender -
Let’s turn our attention to Kyland Young v. NeoCortext, Inc., an...more
10/6/2023
/ Advertising ,
Anti-SLAPP ,
Artificial Intelligence ,
Brand ,
Celebrities ,
Charitable Organizations ,
Compliance ,
Consumer Product Companies ,
Dietary Supplements ,
Dilution ,
Fashion Branding ,
Fashion Design ,
FCC ,
Federal Trade Commission (FTC) ,
Holidays ,
Jury Trial ,
Levi Strauss ,
Marketing ,
Name and Likeness ,
Product Labels ,
Right of Publicity ,
Scams ,
Telecommunications ,
Trademark Infringement ,
Trademarks ,
Unfair Competition ,
Wellness Programs
I haven’t used the words “shopped,” “purchased,” and “PacSun” in the same sentence for more than a decade. So now, in an existential daze, I’m wondering how I arrived at the “Thanks for shopping PacSun, here is your order...more
Room Rental Site Sued Over Chimerical Reviews and Listings -
FTC keeps promise to ramp up negative attention on false positives -
Ghosted -
Remember the first time you hunted for your own apartment? The anguish of...more
9/26/2023
/ Advertising ,
Artificial Intelligence ,
Burger King ,
Class Action ,
Copyright ,
Derivative Works ,
Direct Infringement ,
Discount Pricing ,
Endorsements ,
Entertainment Industry ,
Fake Reviews ,
False Advertising ,
Federal Trade Commission (FTC) ,
Internet Retailers ,
Marketing ,
NAD ,
Online Reviews ,
Photographs
“Blessing Loom” Scheme Unravels in FTC Settlement -
Esoteric trappings can’t save pyramid-scheme-by-another-name -
Neolawgism -
By certain ironclad laws of demography, we aren’t allowed to add terms to the...more
8/25/2023
/ Advertising ,
Artificial Intelligence ,
Class Action ,
COPPA ,
Copyright ,
Copyright Infringement ,
False Advertising ,
FCC ,
Federal Trade Commission (FTC) ,
Marketing ,
MLM ,
MLM Industry ,
Parental Consent ,
Personal Information ,
Photographs ,
Product Labels ,
Pyramid Schemes ,
Robocalling ,
Trademark Application ,
Trademark Infringement ,
Unfair Competition ,
USPTO ,
Verification Requirements
CSPI: Performance Enhancer Supplements Aren’t What They Seem -
Manufacturers need to start by including the advertised ingredients -
Double-Dog Dare You -
Would you eat something called Rauvolfia vomitoria? No? Of...more
8/11/2023
/ Advertising ,
Dietary Supplements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Greenwashing ,
Health Claims ,
Made in the USA ,
Marketing ,
Procter & Gamble ,
Product Labels ,
Recycling ,
Starbucks ,
Tagline
“Hey, how do we contract with a virtual influencer?” – Marketing.
In-house Legal Friends: If you haven’t received this email yet, you will soon. The use of hyper-realistic virtual influencers to endorse products is no...more
8/10/2023
/ Advertising ,
Artificial Intelligence ,
Bots ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Online Platforms ,
Social Media
Integrated Marketing Promotions: How Do Brand Tie-Ins Work?
I’m a Skipper in a Barbie world. Even if the brunette little sister doesn’t make an appearance, I can’t wait to see the Barbie movie this weekend. Warner Bros....more