Newsletters

07.30.19

Court Pins Down Company’s Pinterest Copyright Infringement

By re-pinning a Pinterest image that included a copyrighted photograph, a company infringed the copyright in the photo, a federal judge in Hawaii has ruled.  


07.23.19

NAD Lowers TaxSlayer’s Ratings Claim

The National Advertising Division (NAD) slayed “#1 Rated” claims made by TaxSlayer LLC, recommending, in its ruling on a challenge brought by competitor Intuit Inc., that the advertiser discontinue the unsupported message.  


07.23.19

Regulators Take Action Against Robocalls

Together with state, federal and local agencies, the Federal Trade Commission (FTC) announced a crackdown on illegal robocalls.  


07.23.19

Court Tosses Rule Mandating Drug Price Disclosure in Ads

A Washington, D.C., federal court judge sided with pharmaceutical companies and the Association of National Advertisers (ANA), halting a new rule that mandated the inclusion of the list price, also known as the wholesale acquisition cost (WAC), in television ads for certain prescription ...


07.23.19

FTC Buys Admission to Online Ticket Sale Workshop

After being forced to reschedule due to a government shutdown, the Federal Trade Commission (FTC) held a workshop about online ticket sales.


07.16.19

Eddie Bauer Fights Back Against Suit Claiming False Email Subject Lines

Email subject lines have been the subject of several lawsuits in the past several years under state spam laws.


07.16.19

Beer Brand Battle Continues With Preliminary Injunction

A federal court judge has weighed in on the battle dubbed “Corngate” between Bud Light and competitors Miller Lite and Coors Light, denying Anheuser-Busch InBev’s motion to dismiss MillerCoors’ false advertising lawsuit.


07.16.19

Body Lotion or Drug? Case Moves Forward

Did Nivea’s claims for its Skin Firming Hydration Body Lotion push the product into the category of a drug requiring approval from the Food and Drug Administration (FDA)?


07.16.19

Ninth Circuit Upholds Arbitration Provision in Online Consumer Contract

In the recent case In re Randall Holl, the U.S. Court of Appeals, Ninth Circuit reviewed an online arbitration agreement that implicated a combination of the clickwrap and incorporation by reference principles, enforcing an arbitration agreement it viewed as on the “outer limits” of ...


07.09.19

Influencer Disclosures: FTC Helps ERSP Secure Alo Yoga’s Cooperation

In a win for self-regulation, eight months after referring a matter involving Instagram posts for Alo Yoga to the FTC, the Electronic Retailing Self-Regulation Program (ERSP) secured the company’s agreement to modify the posts to bring them into compliance with the FTC’s Endorsement ...