03.21.19
In a unanimous opinion resolving a circuit split, the U.S. Supreme Court held that copyright owners must wait to file an infringement lawsuit until a copyright registration has been issued.
A mobile application that features a talking cat and is geared toward children must clearly disclose its advertising content, must delete inappropriate ads in the app and must remove advertising content from its privacy policy, the Children’s Advertising Review Unit recently recommended.
03.14.19
The Federal Trade Commission announced the largest civil penalty obtained in a Children’s Online Privacy Protection Act (COPPA) case, in a $5.7 million settlement with video social network app TikTok, formerly known as Musical.ly.
In the first case challenging a marketer’s use of fake paid reviews on an independent retail site, the Federal Trade Commission settled with Cure Encapsulations, Inc., and its owner over dozens of phony product reviews posted on Amazon.
As federal lawmakers debate the possibility of a national privacy law, California legislators are considering a new bill that would amend the state’s Consumer Privacy Act (CCPA) with a broader private right of action and remove the right to cure deficiencies.
Adding to a series of actions challenging online “free trial” offers that involve negative option plans, the Federal Trade Commission announced a new lawsuit against a Puerto Rico-based defendant and his companies.
03.07.19
As the lawsuits pile up against video game phenomenon Fortnite, one of the plaintiffs has lost his effort to copyright “The Carlton” dance as the basis of his action.
While the initial wave of deceptive pricing suits appears to be ending in settlements, new class actions are still being filed—including suits against Barneys Warehouse and Kate Spade outlet stores.
In the latest false advertising litigation involving a member of the Kardashian family, Kim Kardashian West has filed suit against an online retailer for using her name and image without permission to sell knockoff versions of her outfits.
Expressing concerns about the earnings claims and testimonials found in advertising for a personal finance subscription service providing investment recommendations, the Electronic Retailing Self-Regulation Program (ERSP) advised the company to modify or discontinue its claims.