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Recent Posts
- Record-Breaking FTC Settlement Raises Stakes for COPPA Compliance
- FTC Suffers Another Loss Regarding Its Section 13(b) Powers
- Trademark Fee Reductions Can Assist With More Effective Trademark Portfolio Management
- Andrew Lustigman Quoted in Law360 on the FTC’s Stringent Review of COPPA
- NAD Finds "Limited Offer" Claim Misleading, Recommends Discontinuance
- On First Amendment Grounds, Federal Appeals Court Affirms That President Donald Trump May Not Block Users from His Twitter Account
- Law360 Quotes Mary Grieco on Staying Compliant with New Online Advertising Privacy Laws
- Federal ‘Unsubscribe Act’ Introduced to Regulate Negative Option Agreements
- Defendants Save $3.4 Million When FTC Falls Short On Burden Of Proof
- NAD Finds “#1” Claims Supported in Two Recent Decisions
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Advertising Law Blog
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.
Record-Breaking FTC Settlement Raises Stakes for COPPA Compliance
On September 4, 2019, the Federal Trade Commission (“FTC”) announced that YouTube and its parent company, Google, agreed to pay a record-breaking $170 million fine to settle claims by the FTC and New York Attorney General (“NYAG”) that YouTube violated children’s privacy laws. Read More ›
FTC Suffers Another Loss Regarding Its Section 13(b) Powers
As we have discussed previously, the Federal Trade Commission (“FTC”) has consistently relied on Section 13(b) of the FTC Act (15 U.S.C. §53(b)) for authority to initiate and maintain federal court challenges against defendants it believes have violated the FTC Act. Section 13(b) states that when the FTC has “reason to believe” that an individual or corporate entity “is violating, or is about to violate” a law enforced by the FTC, it may bring suit in federal court “to enjoin such acts or practices.” Moreover, the statute states that “in proper cases, the Commission may seek, and after proper proof, the court may issue, a permanent injunction.” Read More ›
Trademark Fee Reductions Can Assist With More Effective Trademark Portfolio Management
In today’s global marketplace, it is more important than ever to make sure your brand is protected around the world. Failing to do so could prevent you from entering a key marketplace, or even worse, could allow an unscrupulous individual to create a business in another country that directly mimics your business. One of the first steps in protecting your brand is obtaining trademark protection in countries in which you do business or intend to do business. Unfortunately, this can be an expensive endeavor for brand owners as trademark protection is territorial and, with very few exceptions, must be handled on a country-by-country basis. Each country will have its own governmental filing fees, and the filings will generally need to be handled by an attorney who is licensed to practice in that country. Read More ›
Andrew Lustigman Quoted in Law360 on the FTC’s Stringent Review of COPPA
Andrew Lustigman, head of Olshan’s Advertising, Marketing & Promotions Practice Group, was quoted in a Law360 (subscription required) article titled "Kids' Data Again In spotlight as FTC Revisits Privacy Rule" Read More ›
NAD Finds "Limited Offer" Claim Misleading, Recommends Discontinuance
Marketers frequently tout “limited time” bonus offers that appear to continue for an inordinate amount of time. A recent decision of the National Advertising Division ("NAD") of the Council of Better Business Bureaus relating to such an offer makes clear that a “limited time” offer must indeed be so. Read More ›
On First Amendment Grounds, Federal Appeals Court Affirms That President Donald Trump May Not Block Users from His Twitter Account
Authored by Kenneth Silverman and intern Yousraa Belabed Read More ›
Law360 Quotes Mary Grieco on Staying Compliant with New Online Advertising Privacy Laws
Intellectual Property partner Mary Grieco was quoted in a recent Law360 article (subscription required) on the prevalence of recent federal and state laws, like California’s Consumer Privacy Act and a U.S. Senate proposal to create a national “Do Not Track” registry, designed to increase the public’s control over the use and sale of its personal information. Read More ›
Federal ‘Unsubscribe Act’ Introduced to Regulate Negative Option Agreements
In the wake of several state-enacted regulations and restrictions on automatic renewal provisions in consumer contracts, on May 10, 2019, Rep. Mark Takano (D-Calif.) introduced the federal Unsubscribe Act of 2019, H.R. 2683, to increase consumer protection with respect to online negative option agreements. Negative option agreements include by definition automatic renewal contracts, continuity plan contracts and free-to-pay conversion contracts. Read More ›
Defendants Save $3.4 Million When FTC Falls Short On Burden Of Proof
Disgorgement Avoided Even Though Liability Established Read More ›
NAD Finds “#1” Claims Supported in Two Recent Decisions
The National Advertising Division of the Better Business Bureau (“NAD”) recently found two separate “#1” claims to be sufficiently supported, thereby providing valuable insight to advertisers regarding the type and degree of information required to support such a claim. Read More ›