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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 8 posts from August 2013.

NAD Clarifies Standard for "Puffery"

The National Advertising Division, a specialized dispute resolution forum administered by the Council of Better Business Bureaus, recently clarified the standard for determining whether statements are mere "puffery," rather than unsupported superiority messages. Read More ›

Olshan to Host Free TCPA Webinar; CLE Credit Available

On September 17, 2013, from 12:30-1:30pm Eastern time, Olshan will present the webinar Important Changes To The Telephone Consumer Protection Act (TCPA): What You and Your Client Need To Know. Read More ›

Second Circuit Falls In Line With Precedent Allowing Federal TCPA Class Actions

We blogged about how the Sixth Circuit Court of Appeals opened the door for Telephone Consumer Protection Act (TCPA) class actions in Michigan by ruling that state prohibitions on class actions had no effect on federal lawsuits. Read More ›

Jonathan Ezor and Andrew Lustigman To Participate At Annual NAD Conference

On September 30 - October 2, 2013 the Advertising Self-Regulatory Council will hold their NAD, CARU, and ERSP Annual Conferences. Read More ›

Purchasing Keywords that are Marks of Another Company

A retailer of replacement contact lenses brought Lanham Act trademark-infringement action against competitor that used Internet advertising in which search engines displayed competitor's advertisement when customers performed a search using keywords that resembled retailer's registered service mark. Read More ›

Andrew Lustigman Speaking at this Year's BAA Marketing Law Conference

Andrew Lustigman will speak at the 35th BAA Annual Marketing Law Conference in Chicago, IL on November 18-20, 2013. Read More ›

Andrew Lustigman Speaking at 2013 HitPath Masters Conference

Andrew Lustigman will speak at the second annual HitPath Masters Conference in New Orleans, LA on September 29 - October 1, 2013. Read More ›

Second Circuit Imposes A Duty Of Inquiry On Data Resellers

In Gordon v. Softech International, decided on July 31, 2013, the Court of Appeals for the Second Circuit tacked the issue of whether someone who discloses information obtained from the department of motor vehicles should be responsible when the information is misused by the person who received the information. Read More ›

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