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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 19 posts by Tamara Carmichael.

NAD Reviews Portable UV-C Light Product Advertised on TV (Case #6426, 12/10/20)

In a quintessential Covid-era case, following part of its routine monitoring program, the National Advertising Division of the Better Business Bureau (“NAD”) requested substantiation for claims made by Ontel Products Corporation in respect of its “Safe & Healthy” branded portable UV-C sanitizing light. Read More ›

Olshan Presents Consumer Protection Update Webinar Hosted by ABA

Olshan Advertising attorneys Andrew LustigmanScott ShafferTamara CarmichaelMary Grieco and Morgan Spina presented a webinar for the Consumer Protection Monthly Update hosted by the American Bar Association Antitrust Law Section. Read More ›

Olshan Branding Management and Protection Attorneys Present Webinar on Marketing in the COVID-19 Era to the Bronx Third Avenue BID

Olshan Advertising partners Andrew Lustigman and Scott Shaffer, along with Olshan Intellectual Property partners Tamara Carmichael and Mary Grieco—all of whom are members of Olshan’s Brand Management & Protection Practice Group—will present a webinar entitled “Marketing in the COVID-19 Era” for the Bronx Third Avenue Business Improvement District on December 16 at 9am. Areas to be covered include ecommerce marketing, advertising claims, social media marketing, and data privacy, followed by a Q&A. Read More ›

Webinar - Retail Marketing Compliance in Post-COVID Era

Our fast-moving webinar discussed key issues involving marketing and business practices in the current environment. Read More ›

3M Alleges Trademark Infringement in Lawsuits Against Unauthorized Resellers of N95 Masks

Multinational corporation, 3M Company (“3M”), has filed a string of lawsuits alleging trademark infringement against distributors of its 3M-branded N95 respirator masks. N95 respirator masks have become crucial in the fight against COVID-19. 3M has supplied healthcare workers and other first responders with 3M-branded N95 respirators. 3M’s recent lawsuits target false and deceptive price-gouging on the part of unauthorized third-party distributors, seeking to take advantage of the heightened demand for N95 respirators during the COVID-19 pandemic. Interestingly, these lawsuits do not allege that the defendants are selling counterfeit products. Instead, 3M alleges that the defendants, unauthorized resellers, are implying a direct relationship with 3M when selling 3M-branded products at inflated prices. Read More ›

Supreme Court Rules Willfulness Not Required For Disgorgement of Trademark Infringement Profits

Resolving a circuit split, the Supreme Court (the “Court”) has held that willfulness is not a precondition for disgorgement of an infringer’s profits from the infringement in a trademark infringement case. In Romag Fasteners, Inc. v. Fossil Group, Inc., the Court considered willfulness as but one of the factors that may be considered in deciding whether or not to award an infringer’s profits to a trademark holder, rejecting the premise that a showing of willfulness is required before an infringer’s profits may be awarded. Read More ›

Fantasy Sports for Money Found Illegal in New York

The stage for legality of digital fantasy sports for money has again gone dark in New York following the February 6, 2020 ruling issued New York appellate court.  The appellate court’s ruling delivers yet another setback for companies like FanDuel and DraftKings, both highly successful digital sports entertainment. Read More ›

Tamara Carmichael Quoted in Corporate Counsel on the FTC’s Mosquito Repellent Complaint

Olshan Advertising partner Tamara Carmichael was quoted in a Corporate Counsel article on the FTC’s recent settlement with two Georgia companies in connection with their promotion of a new insect repellent during the 2016 Zika virus outbreak Read More ›

Olshan to Present Consumer Protection Update on June 18th Hosted by ABA

Olshan Advertising attorneys Andrew Lustigman, Safia Anand, Tamara Carmichael, Claudia Dubón, Katelyn Patton, and Morgan Spina will give a telephonic presentation for the Consumer Protection Monthly Update on June 18, 2018, hosted by the American Bar Association. This monthly update, which will be moderated by Andrew Lustigman, will summarize the significant developments in consumer protection law that occurred during May 2018. The presentation will include cases, settlements, and other initiatives at the federal and state levels, as well as consumer class actions, Lanham Act litigation, and National Advertising Division case decisions.

You can register for this presentation here.

Olshan to Host INTA Roundtable on March 6

Olshan will host an INTA Roundtable on March 6, 2018 Read More ›

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