The Advertising Law Blog provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. This blog is sponsored by the Advertising, Marketing & Promotions group at Olshan. The practice is geared to servicing the needs of the advertising, promotional marketing, and digital industries with a commitment to providing personal, efficient and effective legal service.
By William MacDonald*
In anticipation of the rapid expansion of the number of top-level domain names from the current handful (.com, .net., .mobi, .jobs, etc.) to well over 1,000, earlier this week ICANN's new Trademark Clearinghouse opened for business.
By William MacDonald*
In a decision published last week, Kirtsaeng v. John Wiley & Sons Inc., the United States Supreme Court held that the "first sale" doctrine under the United States Copyright Act applies to copies of a copyrighted work lawfully made abroad.
The Supreme Court of the United States has closed a loophole used by class action plaintiffs to avoid trying their cases federal court. The case, entitled Standard Fire Insurance v. Knowles, was decided on March 19, 2013.
The National Advertising Division ("NAD") recently recommended that Toys "R" Us modify or discontinue a price-matching claim advertised.
Recently, 79-year old model Gita Hall May ("Hall") filed suit against Lions Gate Entertainment in Los Angeles Superior Court, alleging that the opening title sequence of the hit show "Mad Men" uses her iconic image without permission.
A number of states are currently considering new laws designed to prohibit companies from imposing a surcharge on consumers who elect to pay for their goods or services by credit card.
The Washington AG alleged ArrowOutlet.com rigged its auctions for electronics and other goods. Bidders thought they were competing with other human beings. But in reality they were often battling or placing bets against "bots" - people that did not exist.
Commercial text messengers, take note: an Alabama-based bank avoided a federal lawsuit by putting an arbitration clause in its terms and conditions.
By William MacDonald*
The U.S. Patent and Trademark Office and the National Institute of Standards and Technology recently unveiled an updated beta version of the web-based IP Awareness Assessment Tool, which is designed to help manufacturers, small businesses, entrepreneurs and independent inventors easily assess their knowledge of intellectual property (IP) as it relates to their IP asset protection needs.
By William MacDonald*
In response to alleged industry inaction, Senator Jay Rockefeller (who plans to retire at the end of next year) recently reintroduced a bill, the "Do-Not-Track Online Act of 2013", that would require all Web browsers, online companies, and app makers to give users a choice of opting-out of being tracked online.
By William MacDonald*
A recent settlement with HTC America, a major mobile device manufacturer, illustrates that the FTC's interest in securing such payment systems isn't just academic.
On March 12, 2013 the Federal Trade Commission released an update of its guidance known as Dot Com Disclosures, which was first released in 2000.
By William MacDonald*
Yesterday Connecticut Attorney General George Jepsen announced a $7 million settlement with Google over its unauthorized collection of data from unsecured wireless networks nationwide through Google's Street View vehicles.
By William MacDonald*
The FTC notes that mobile payment systems, which are gaining popularity, can provide innovative and convenient options for consumers. The report, however, highlights three primary areas of potential concern for consumers.
Olshan's Andrew Lustigman is featured in Digiday's article, "Brands Biggest Legal Problems in Digital".
The categories in the 2012 Annual Report are important as they typically portend future FTC scrutiny and enforcement for businesses in such areas.
On March 27, 2013, 12:30 - 1:30 p.m. EDT., Olshan will present the webinar Competitor Advertising Challenges: Lanham Act vs. NAD. CLE credit will be available for this complimentary program which will offer a practical analysis of alternative forums for addressing competitor advertising claims.