Posts from July 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.

The Federal Trade Commission's (FTC's) Jewelry Guides explain to businesses how to avoid making deceptive claims about precious metal, pewter, diamond, gemstone, and pearl products, and when they should make disclosures to avoid unfair or deceptive trade practices.

On June 28,2012, a federal judge in California ruled that a false advertising class action against the makers of the popular Muscle Milk line of products can proceed.

A federal judge for the North Carolina District Court has refused to dismiss a suit brought by professional football player Rashard Mendenhall, who filed a breach of contract claim against Hanesbrands, Inc. Rashard Mendenhall v. Hanesbrands, Inc., No. 1:11CV570 (M.D.N.C., filed April 12, 2012). provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law.

Sanity has prevailed in a Southern California lawsuit concerning the sending of text messages. A lawsuit claiming that the simple acknowledgment of an opt-out request violated the Telephone Consumer Protection Act (TCPA) was dismissed.

By William MacDonald*

On June 29, 2012 Walt Disney Pictures and Buena Vista Home Entertainment, Inc. (collectively, "Disney") filed a declaratory judgment action against the heirs and estate of the late CBS horse racing announcer Charles (Chic) Anderson.

On June 13, 2012, Senator John D. Rockefeller introduced a bill in the United States Senate that, if passed, would be called the Fair Telephone Billing Act of 2012. The bill's official title is "a bill to prohibit unauthorized third-party charges on wire line telephone bills, and for other purposes."

By William MacDonald*

Last week the Federal Trade Commission ("FTC") filed a lawsuit against Wyndham Worldwide Corporation and three of its subsidiaries (collectively, "Wyndham") accusing them of failing to protect consumers' personal information leading to a series of three data security breaches over a two-year period.


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