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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 17 posts from March 2013.

New ICANN Trademark Clearinghouse Open for Business

By William MacDonald*

In anticipation of the rapid expansion of the number of top-level domain names from the current handful (.com, .net., .mobi, .jobs, etc.) to well over 1,000, earlier this week ICANN's new Trademark Clearinghouse opened for business. Read More ›

Copyright Act's "First Sale" Doctrine Applies to Copies of a Copyrighted Work Lawfully Made Abroad

By William MacDonald*

In a decision published last week, Kirtsaeng v. John Wiley & Sons Inc., the United States Supreme Court held that the "first sale" doctrine under the United States Copyright Act applies to copies of a copyrighted work lawfully made abroad. Read More ›

Supreme Court Aids Access to Federal Courts Under Class Action Fairness Act

The Supreme Court of the United States has closed a loophole used by class action plaintiffs to avoid trying their cases federal court. The case, entitled Standard Fire Insurance v. Knowles, was decided on March 19, 2013. Read More ›

NAD Recommends Advertiser Modify In-Store Price Matching Guarantee

The National Advertising Division ("NAD") recently recommended that Toys "R" Us modify or discontinue a price-matching claim advertised. Read More ›

States Consider Prohibitions on Credit Card Payment Surcharges

A number of states are currently considering new laws designed to prohibit companies from imposing a surcharge on consumers who elect to pay for their goods or services by credit card. Read More ›

Washington AG Settles with Penny Auction Website

The Washington AG alleged ArrowOutlet.com rigged its auctions for electronics and other goods. Bidders thought they were competing with other human beings. But in reality they were often battling or placing bets against "bots" - people that did not exist. Read More ›

Hit Show "Mad Men" Sued for Unauthorized Use of a Former Model's Images

Recently, 79-year old model Gita Hall May ("Hall") filed suit against Lions Gate Entertainment in Los Angeles Superior Court, alleging that the opening title sequence of the hit show "Mad Men" uses her iconic image without permission. Read More ›

Arbitration Clause Prevents TCPA Lawsuit

Commercial text messengers, take note: an Alabama-based bank avoided a federal lawsuit by putting an arbitration clause in its terms and conditions. Read More ›

Government Releases New Version of IP Awareness Assessment Tool

By William MacDonald*

The U.S. Patent and Trademark Office and the National Institute of Standards and Technology recently unveiled an updated beta version of the web-based IP Awareness Assessment Tool, which is designed to help manufacturers, small businesses, entrepreneurs and independent inventors easily assess their knowledge of intellectual property (IP) as it relates to their IP asset protection needs. Read More ›

Do Not Track Bill Reintroduced in Senate

By William MacDonald*

In response to alleged industry inaction, Senator Jay Rockefeller (who plans to retire at the end of next year) recently reintroduced a bill, the "Do-Not-Track Online Act of 2013", that would require all Web browsers, online companies, and app makers to give users a choice of opting-out of being tracked online. Read More ›

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