Posts from May 2012.

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.

In a 345-page Initial Decision by the Chief Administrative Law Judge, the FTC's complaint against POM Wonderful LLC (POM) and its principals was upheld to the extent that the company had claimed that its products would treat, prevent or reduce the risk of heart disease, prostate cancer and erectile dysfunction because these claims were not supported by sufficient competent and reliable evidence.

The New Jersey Assembly is currently considering 2012 New Jersey Assembly Bill No. 2578, a bill that would authorize Internet gaming in Atlantic City casinos under certain circumstances.

Skechers agreed to pay $40 million to the Federal Trade Commission to settle charges that the company deceptively made unsupported claims that its "toning shoes" helped consumers lose weight and strengthen and tone their buttocks, legs and abdominal muscles.

A federal appeals court affirmed that companies using automated dialers can be sued for calling a telephone number, even if they had permission to call the number from the prior subscriber to that phone number.

The Federal Trade Commission settled with "Green Millionaire Book" promoters. The FTC alleged the defendants lured consumers with a supposedly "free" book falsely promising that it would show them how to power their cars and homes at no cost, and then billed them for an online magazine they never ordered.

A trademark is often a company's most valuable asset. It is what distinguishes a company's products or services from that of its competitors, and many times, consumers will make their purchasing decisions based on the goodwill of a particular brand. For that reason, it is not unusual for a company to have a knee-jerk reaction to challenge another company's use or ownership of the identical mark.

A group that sells discounted medical services won a substantial legal victory in the District of New Jersey, gaining a full dismissal of a $100 million telemarketing lawsuit filed by Verizon and OnStar, the car phone service.

Arizona House Bill 2825 broadly defines "business opportunity" where it wasn't defined before.

A federal class action lawsuit has been filed against Duracell, Inc. and The Procter & Gamble Company in the United State District Court in California alleging that defendants engaged in a deceptive marketing scheme to mislead consumers as to the battery life of the Duracell Ultra Advanced and Duracell Ultra Power batteries.

Once a name, slogan or word becomes trendy, enthusiastic entrepreneurs race to file trademark applications in the hope of cashing in on the excitement.

Sandra Bullock has filed suit against ToyWatch USA and several vendors for using her image in a marketing campaign without her permission.

In Viacom Int'l, Inc., et al. v. YouTube, Inc., et al., the United States Court of Appeals for the Second Circuit recently reversed a district court's holding that defendants were entitled to safe harbor protection under §512(c) of the Digital Millennium Copyright Act.

In 2010, General Motors used an image of Albert Einstein in an ad for its Terrain vehicle. The image, which GM licensed from Getty Images, depicted Einstein's head on a muscular, shirtless body with an "e=mc2" tattoo.

A judge in New York recently refused to dismiss the complaint filed by a model, Hailey Clauson, and her parents, brought against the retailer Urban Outfitters, claiming the unauthorized use of Clauson's photograph.


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