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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 11 posts in Supreme Court.

Supreme Court Limits the SEC’s Ability to Obtain Disgorgement of Revenues

Highest court affirms the right of the SEC to recover fraudulently obtained profits 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 ›

U.S. Supreme Court Considers Limiting SEC’s Ability to Recover Disgorgement

Oral arguments held in Liu v. SEC Read More ›

Supreme Court Makes Class Arbitration Decision More Difficult

5-4 decision rejects traditional principles of contract interpretation Read More ›

Supreme Court Holds Parties’ Contracts Determine Who Decides Issue of Arbitrability

The Supreme Court has unanimously vacated a Fifth Circuit decision concerning arbitrability. The court held that courts my not override a contract that tasks arbitrators with determining whether a claim should be arbitrated or litigated, even in the case that the quest for arbitration is “wholly groundless.” Read More ›

Supreme Court To Hear TCPA Fax Case

Is an offer of a free e-book an advertisement? Read More ›

Supreme Court Arguments: North Carolina Law Restricting Access of Sex Offenders to Social Media Sites

Is there a constitutional right to social media? The ongoing dialogue surrounding First Amendment concerns born out of the Internet and social media was the focus of Supreme Court oral arguments on Monday, February 27, 2017. Discussing a North Carolina law that prohibits registered sex offenders from participating in social media sites like Facebook and Twitter, the justices’ comments seemed to suggest a likelihood that they would strike down such a law on First Amendment grounds. Read More ›

Supreme Court’s Spokeo Ruling Places Increased Pleading Standards On Plaintiffs

But Spokeo does not definitively define what an injury-in-fact is. Read More ›

Supreme Court Ends The Practice Of “Picking Off” Class-Action Plaintiffs

Justice Ginsburg suggests, but does not approve, a new strategy 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 ›

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