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NAD Brand Advertising

BakerHostetler

Can Your Trademark Be False Advertising?

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At the National Advising Division (NAD), competitors will sometimes go for the brass ring, the big prize, the whole enchilada, and ask the NAD to recommend that an advertiser’s trademarked slogan or even the brand name be...more

BakerHostetler

When #Ad Just Won’t Cut It

BakerHostetler on

Some may be shocked that an advertising law blog is writing about the Bare Beauty Babes blog and Naked & Thriving, but it is not the implied nudity that should raise an eyebrow. Instead, it is the fairly scandalous takeaway...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - January 2024

2nd Circuit Affirms Something's Off With Plaintiffs' Suit Against Nature's Bounty for its Fish Oil Claims - The Court of Appeals for the Second Circuit refused to revive a class action lawsuit alleging that Nature's Bounty...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - December 2023 - 2

FTC Warns Influencers That Disclosures Miss the Sweet Spot - The Federal Trade Commission (FTC) continues to be very clear that policing the failure to disclose material connections by influencers when posting social media...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - December 2023

In This Case, What You Can't See in Fact Is Not There: FTC Takes Down the Makers of the Invisible COVID Mask - After what has seemed like a lull in both diagnosed COVID cases and the enforcement variety—both the virus and...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - August 2023

Plot Twist: NAD Agrees That Advertiser Makes Implied Claims of Improved Animal Welfare – But Finds Advertiser's Claim Is Substantiated - The nonprofit organization Animal Welfare Institute (AWI) filed a challenge with the...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News

Whether it is the FTC or the National Advertising Division, reviews are a hot topic and content posted by third-party review sites an even hotter one. The line between unbiased reviews and affiliate advertising and by...more

Proskauer - Advertising Law

On Notice: Disclosing Unexpected Material Connections in Advertising

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

Davis Wright Tremaine LLP

Stay ADvised: What's New This Week - August 2020

FTC Says Auto Marketing Co.'s Deceptive COVID Stimulus Ads Violate Fed Law - An automotive marketing company previously accused of bait-and-switching consumers with false promises of federal COVID-19 relief is now also facing...more

Seyfarth Shaw LLP

US House Representatives from New York Introduce Bill to Define “Natural” Cosmetics

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Synopsis: Unhappy with the FDA’s position on branding, Congressional representatives seek to define “natural” narrowly to limit its use in consumer advertising....more

Perkins Coie

Top Advertising Law Enforcement Trends for the New Year

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This holiday season, brands are ready for bustling sales, special offers and joyful consumers. However, with regulators on the lookout for deceptive practices and plaintiffs’ attorneys ready to file class actions, the...more

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