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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 16 posts by Tamara Carmichael.

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 ›

Facebook Updates “Branded Content Policy”

Over the last several years, the use of social media as a vehicle for advertising has grown exponentially.  As discussed in prior blog posts, examples of which you can find here and here, the Federal Trade Commission (“FTC”) has released guidelines pertaining to such paid social media posts, requiring that any material connections between advertisers/brands and those social media users posting the content is clearly and conspicuously disclosed.     Read More ›

CARU Refers Genesis Toys, Maker of Cayla “Connected” Doll to FTC

The Children’s Advertising Review Unit (“CARU”) recently referred the maker of “My Friend Cayla Party Time” children’s doll and its related “My Friend Cayla App” owned and operated by Genesis Toys to the FTC after the company did not respond to CARU’s initial privacy inquiry. Read More ›

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