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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.

Showing 10 posts from February 2012.

FTC Seeks Public Comment on Agency's Rules of Practice

The Federal Trade Commission announces proposed changes to two parts of the procedures that govern the way the agency operates. Read More ›

FCC Changes Rules For Robo-Calls and Calls To Wireless Devices

On February 15, 2012, the FCC revised its rules to completely eliminate the established business relationship exemption for pre-recorded and artificial voice calls and to require prior express written consent for all telemarketing calls to wireless numbers. Read More ›

NLRB Issues Report on Social Media

The General Counsel of the National Labor Relations Board ("NLRB") released a report on January 24, 2012 summarizing its decisions in recent unfair labor practice cases involving employer responses to employee use of social media. Read More ›

Supreme Court Continues To Enforce Arbitration Clauses

The Supreme Court has ruled that the Federal Arbitration Act trumps the Credit Repair Organizations Act, and consumers who agree to terms containing an arbitration clause have waived their right to sue in court. Read More ›

MMA Issues Mobile App Privacy Guidelines/FTC Issues Warning Letters

In response to industry confusion on how promoters of mobile applications should deal with privacy issues, the Mobile Marketing Association recently released its Final Privacy Policy Guidelines for Mobile Apps. Read More ›

NAD Scrutinizes Price Savings Comparisons

The National Advertising Division of the Council of Better Business Bureaus recommended that a retailer discontinue its pricing comparison claims as they relate to suggested retail pricing. Read More ›

DOJ Opinion on Interstate Wire Act May Open Internet to Legalized Online Gaming

An interesting opinion letter issued by the United States Department of Justice's Office of Legal Counsel may pave the way for legalized online gaming in the United States. Read More ›

Court Invalidates Trademark Registrations Where Applicant Did Not Have a Bona Fide Intent To Use the Trademark in Connection with All the Goods Listed in the Initial Application

In the United States if a trademark is not in use, an applicant can still apply for a federal trademark application based on a bona fide intent to use the trademark in commerce. Read More ›

Court in California Considers Ownership of Twitter Account by Former Employee

What happens when an employee amasses numerous "followers" on Twitter and then leaves the company and begins "tweeting" for a competitor? Read More ›

The FTC and the Consumer Financial Protection Bureau Issue MOU

The FTC and the Consumer Financial Protection Bureau have now entered into a Memorandum of Understanding outlining how the agencies plan to collaborate with each other in regulation of the non-bank financial sector. Read More ›

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