Subscribe
Add blog to your RSS reader
Popular Topics
All Topics
- .Com Disclosure Guide
- 140conf
- 140conf Long Island
- 140confLI
- 47 USC 230
- AAA
- ACI 2017
- Ads
- Advance Registration
- Advertising
- Advertising Agencies
- Advertising Agency
- Advertising Disclosure
- Advertising Industry
- Advertising Injury
- Advertising Law
- Advertising Practice
- advertising self-regulation
- Advertising Self-Regulatory Council
- Advertising Software
- Advertising, Marketing & Promotions News
- Advertorials
- Advisory
- Affiliate Marketing
- Affiliate Program
- AG
- All Natural
- Amazon
- Amazon Silk
- Amazon Tax
- Amazon.com
- Amendments
- American Advertising Federation
- American Bar Association
- Americans with Disabilities Act
- Android
- Annual Audit
- Annual Fee
- anti-fraud
- App Developers
- Apple
- Apps
- Arbitration
- Arbitration Clause
- Arbitration Rules
- Ashley Madison
- ASRC
- AT&T Mobility LLC v. Concepcion
- ATDS
- Attorney
- Attorney General
- Audio Beacons
- Augme
- Auto-dial
- Automatic Renewal
- Automobiles
- BBB AdTruth
- Bead Art Playsets
- Behavioral Advertising
- Best Lawyers
- Blackberry
- Bloggers and Influencers
- Bloomberg BNA
- Brain Training
- Branding
- Brands
- Breach
- Burden of Proof
- Business Law
- Business, Marketing & Promotions News
- Buyers
- California
- California Auto-Renewal Task Force
- California Consumer Privacy Act
- California Department of Alcoholic Beverage Control
- California’s Automatic Renewal Law
- California’s Unfair Competition Law
- Campaigns
- CAN-Spam
- Cancer Fund of America
- cannabis
- Caribbean & Latin American Corporate Counsel Summit 2017
- CARU's Guidelines
- CAS
- Cash prizes
- CASL
- CBBB
- CBD
- Celebrities
- Celebrity Images
- Cell Phone Applications
- Cell phones
- CFPB
- CGMP
- Chambers 2017 USA Guide
- Chambers USA 2022 Guide
- Chantal Tode
- Charge Pop-ups
- Charity Fundraising
- Charity Regulators
- Children's Advertising
- Children's Advertising Review Unit (CARU)
- children's marketing
- Children's Privacy
- Civil Penalties
- Class Action
- Class Action Lawsuit
- Class Certification
- Clean Diesel
- Cognitive Claims
- College Athletes
- Colorado
- Commerce Department
- Commercial Advertising
- Commercial Electronic Mail Act (CEMA)
- Communications Decency Act
- compliance
- conference
- Consumer Complaints
- Consumer Complaints List
- Consumer Contracts
- Consumer Data
- Consumer Data Protection Act (“CDPA”)
- Consumer Finance Protection Board
- Consumer Fraud
- Consumer Fraud Act
- consumer health guidelines
- Consumer Privacy
- Consumer Privacy Bill of Rights
- Consumer Protection
- consumer protection laws
- Consumer Sentinel Network
- Contract
- COPPA
- COPPA FTC Olshan Advertising Marketing Promotions Privacy
- Copyright Act
- Copyright Alert System
- Copyright Infringement
- Copyright Infringement Abroad
- Copyright, Trademark and Other Intellectual Property
- Corporate Law
- Council of Better Business Bureau
- Counterclaims
- Court Decisions
- COVID-19
- Cramming
- Credit Card Payment Surcharges
- Crowdfunding
- Cryptocurrency
- cybersecurity
- D.C. Circuit Court
- Daily Fantasy Sports Contests
- dark patterns
- data breach
- Data Broker
- Data Collection Practices
- Data Protection
- Data Security
- Data Transfers
- Debt collectors
- Deceptive Advertising
- Deceptive Pricing
- Deceptive Tracking
- Department of Commerce
- Department of Labor
- Department of Labor (DOL)
- dietary supplements
- Digital
- Digital Advertising
- Digital Media
- Direct listings
- Direct Marketers
- Direct marketing programs
- Direct response marketing
- DirectTV
- Disclosure
- Disclosure Obligations
- Disclosure Rules
- Discounts
- DMA
- DMCA
- Do Not Call
- Do Not Track
- DOJ
- Domain Extensions
- Domino's Pizza
- Dot Com Disclosures
- DPPA
- DraftKings
- Drawing By Chance
- Ecommerce
- Elder Abuse Prevention and Prosecution Act
- Emissions Testing
- endorsement
- Enforcement Action
- Enhanced Ads
- Entry Fee
- EPA
- Epic
- Estoppel
- Ethics
- EU Commission
- EU-US Privacy Shield
- European Commission
- European Court of Justice (ECJ)
- European Union
- European Union registration holders
- European Union Trademark
- Exchange listing
- Ezor
- Factory outlets
- Fair Credit Reporting Act (FCRA)
- Fair Debt Collections Practices Act
- Fair Information Practice Principles
- Fair Labor Standards Act
- false advertisement
- False Advertising
- FanDuel
- Fantasy Contests Act
- Fantasy Sports
- Fantasy Sports Operators
- Farm Bill
- fashion law
- Fax broadcsters
- Faxes
- FCC
- FCC Developments
- FCC Solicited Fax Rule
- FDA
- FDCA
- Federal Laws & Regulations
- Federal Overtime Regulations
- Federal Trade Commission
- Final Rule
- FIPP
- First Amendment
- Fit Products
- Fit Tea
- Florida
- food law
- Force Majeure
- Fraud
- FTC
- FTC Act
- FTC Chair
- FTC Guidance
- FTC restitution
- FTC’s Jewelry Guides
- Gambling
- Gambling Laws
- Game Promotions
- GDPR
- General Data Protection Regulation
- Geo-targeted Advertising
- Georgia
- government sanctions
- Guide
- HARO
- Health-related Mobile Apps
- Health-related Products
- Healthy
- HIPAA
- History Sniffing
- HitPath
- Homestead Laws
- HTC
- Hurricane
- IAB
- ICANN
- illegal content
- Illegal Gambling
- Illinois
- IMDb
- Influencer Marketing
- Injury in Fact
- Insider Trading
- Inspection Resources
- Insurance Company
- Insurance Coverage
- INTA
- Intellectual Property
- internet
- Internet and Privacy Law
- iOS
- Iowa
- IP Awareness Assessment Tool
- IPOs
- Jeff Pulver
- Jewelry
- JOLT
- Jurisdiction
- Kindle Fire
- Lanham Act
- Law
- Law Enforcement
- Law Review Article
- law school
- Laws
- lawsuit
- Leading Lawyers
- Lee Bogner
- Legal 500 United States 2017
- Legal opinions
- Legislation
- Licensing Fees
- Lily Robotics
- List managers
- Litigation
- Lumosity
- Lumosity ads
- Lumosity games
- Lustigman Firm
- Luxury Daily
- made in the usa
- Magazine publishers
- Mail Order Sales Rule
- Manufacture
- Manufacturer’s Suggested Retail Price (“MSRP”)
- Marden-Kane
- Marketing
- Marketing & Promotions News
- Marketing and Advertising Law
- Marketshare
- Mass texts
- Material Disclosures
- Mc Donalds
- Media and Entertainment
- Media Companies
- Microsoft
- MLM
- Mobile Financial Services
- Mobile In-app Charges
- Mobile Marketer
- Mobile Marketing
- Mobile Payment Systems
- Mobile Payment Systems Security Programs
- Mortgage Bankers Association
- Mortgage Investors
- NAD
- NARB
- Native Advertising
- Native Advertising Guidelines
- Nautilus, Inc.
- NCAA
- Network Advertising Initiative
- New Jersey
- New Jersey Supreme Court
- New York
- New York Law Journal
- New York SHIELD Act
- New York’s Automatic Renewal Law
- NFT
- NIL
- Nomi
- Non-Commercial Calls
- Non-profit Organization
- Notice
- Nutrient Content
- NY Attorney General
- objective consumer harm
- Off-label Prescriptions
- Office for Civil Rights (OCR)
- Office of Foreign Assets Control (OFAC)
- Office of National Coordinator for Health Information Technology (ONC)
- Ohio
- Oklahoma
- Olshan
- Olshan Grundman
- Olshan News
- Online Advertising
- Online Apps
- Online Cancellation
- Online Contracts
- Online Discount Pricing
- Online Entertainment Co
- Online Retail
- Online Reviews
- Online Tracking
- Online travel agencies
- Overstock
- Paid Advertising
- Paid Promotions
- pandemic
- Patents
- Payment Methods
- Penny Auction
- Performance Marketing
- Personally Identifiable Information
- Pet Care
- Peter Shankman
- Pharmaceutical Advertising
- Pharmaceutical Manufacturers
- pre-orders
- Pre-recorded Message
- Price Match Guarantee
- Pricing Guides
- Pricing Practices
- Privacy
- Privacy Act
- Privacy Policy
- Privacy Practices
- Privacy Shield
- Pro-Consumer
- Products
- Professional Association for Customer Engagement (PACE)
- Promotion
- Promotions
- Proposed Rulemaking
- Public Database
- Publication of Age
- Publisher Magazine
- Q&A
- RCT Requirements
- Real Estate
- Real-estate-advertising
- Reasonableness
- Registration
- Regulations
- Resale Value
- Resignation
- Restrictions
- retail
- Retail Stores
- Revisions
- Risk
- Robocalls
- Roundtable
- Safe Harbor
- Sales
- Sales Practices
- Sales Tax
- Sandy
- SDNY
- SEC
- SEC disclosure
- SEC disgorgement
- SEC Form 10
- Section 17600 of the Business and Professions Code
- securities
- Securities Act
- Securities Act of 1933
- Securities Act Section 17(b)
- Securities Exchange Act of 1934
- self-regulatory
- Sellers
- Service-Mark Infringement
- Settlement
- Sex Offenders
- SilverPush Apps
- Skill Contest
- Skin Care Products
- Smartphone
- Social Media
- Social Media Accounts
- Social Media Marketing
- Social Media Posts
- Social Networking
- South Dakota
- Southern District of Florida
- Spam
- Special Olympics
- Spotify
- Staff Reshuffling
- State Law
- Statute of Limitations
- Subscribers' privacy rights
- subscription
- Subscription Arrangements
- substantiation rules
- Super Lawyers
- Supreme Court
- Sweeping
- Sweepstakes Law
- Sweeptstakes Contest
- SWIFT
- symposium
- Tasty
- TCCWNA
- TCPA
- TCPA Appeals
- TCPA Claim
- TCPA Class Actions
- TCPA Lawsuit
- TCPA Liability
- TCPA Regulation
- TCPA Ruling
- TCPA Violation
- Tech Companies
- Tech Day New York 2017
- Telecom Law
- Telemarketers
- Telemarketing
- Telemarketing Calls
- Telemarketing Law
- Telemarketing Sales Rule (TSR)
- Telephone Consumer Act
- Terms & Conditions
- Text Message Ads
- Text Messages
- Text Messengers
- Textile Fiber Products Identification Act
- The 2017 ANA/BAA 39th Marketing Law Conference: Breakthrough: Legal Strategies for Dynamic Businesses
- The Americans with Disabilities Act
- The Electronic Retailing Self-Regulation Program
- The Kardashians
- The Pennsylvania Record
- Third Circuit Court
- Throttling
- Top Ten Complaints
- Trademark Clearinghouse
- Trademark Protection
- Trademark Rights
- Trademarks
- Transactions
- Transnational Criminal Organization (TCO
- Truth-in-Consumer Contract, Warranty & Notice Act
- U.S. Patent and Trademark Office
- Unauthorized Data
- United Kingdom
- Unsolicited Advertisement
- Unsubscribe Act of 2019
- US Supreme Court
- Use Tax
- Velti
- Vermont
- Vermont House Bill 593
- Vicarious Liability
- Violations
- virtual reality
- Wal-Mart v. Dukes
- Warning Letter
- Washington D.C.
- Washington Law
- Washington’s Consumer Protection Act
- WBO
- Web Agreements
- Web Browsers
- webinar
- webOS
- Websites
- Western District of Washington
- White House
- World Boxing Organization
Recent Posts
- Does TACO TUESDAY Belong to the “People”?
- Andrew Lustigman and Morgan Spina Publish Article in Sports Litigation Alert on How MLB’s Apple TV+ Arrangement Highlights Subscription Legal Compliance Obligations
- FTC Sends Notices Warning of Potential Unsubstantiated Product Claims
- Andrew Lustigman and Morgan Spina Publish Article in the New York Law Journal on FTC’s Proposed New Rules for Businesses Selling Subscriptions Heighten Compliance Obligations
- NAD SWIFT to Allow Implied Claim Challenges
- CLIENT ALERT: FTC Proposes Changes to Automatic Renewal Rule, Including Online Cancellation Requirement
- NFT Marketers Could Face Liability under U.S. Securities Laws
- Andrew Lustigman Speaking at ACI’s 7th Annual Summit on Food Law – Regulation, Compliance and Litigation
- Olshan Advertising and Branding Law Groups' Hot Topics - 2023
- Andrew Lustigman Quoted by Law360 on the FTC’s Consumer Protection Rulemaking and Enforcement in 2023
Archives
- May 2023
- April 2023
- March 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- July 2022
- June 2022
Contact Us
212.451.2258
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 Trademarks.
Does TACO TUESDAY Belong to the “People”?
“If one of us is not free to celebrate ‘Taco Tuesday,’ then none of us are free to celebrate ‘Taco Tuesday.’” Read More ›
Intellectual Property Owners Beware: Russia Threatens The Established Order On Trademark And Patent Rights
Russia’s invasion of Ukraine has caused chaos throughout the world and heartbreaking death and suffering to the people of Ukraine. In today’s global economy, the war has also resulted in consequences and instability beyond what is seen on the daily news. With sanctions from most Western countries and Russia’s own actions internally, global brands may begin losing their valuable intellectual property rights in Russia. Read More ›
Olshan's Brand Management & Protection Attorneys Present Webinar on Understanding U.S. Trademark Registrations
Olshan's Brand Management & Protection Group is presenting an hour-long webinar on Wednesday, April 13, 2022 on Understanding U.S. Trademark Registrations. 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 ›
COVID-19 Intellectual Property
Almost all intellectual property offices throughout the world have used an online filing system for some time, which allows IP owners and attorneys the ability to file the required prosecution and maintenance documents online. In addition, many government intellectual property offices, including the United States Patent and Trademark Office (“USPTO”) have been set up to allow employees to work remotely. Therefore, while the physical offices of intellectual property government agencies are likely closed or are operating with minimal on-site staff, we do not foresee any major disruptions. Read More ›
Trademark Fee Reductions Can Assist With More Effective Trademark Portfolio Management
In today’s global marketplace, it is more important than ever to make sure your brand is protected around the world. Failing to do so could prevent you from entering a key marketplace, or even worse, could allow an unscrupulous individual to create a business in another country that directly mimics your business. One of the first steps in protecting your brand is obtaining trademark protection in countries in which you do business or intend to do business. Unfortunately, this can be an expensive endeavor for brand owners as trademark protection is territorial and, with very few exceptions, must be handled on a country-by-country basis. Each country will have its own governmental filing fees, and the filings will generally need to be handled by an attorney who is licensed to practice in that country. Read More ›
Andrew Lustigman Served as Panelist at American Association of Law Schools (“AALS”) Annual Meeting
Olshan Advertising Partner Andrew Lustigman spoke at prestigious American Association of Law Schools’ (“AALS”) annual meeting Read More ›
California Supreme Court to Address Insurance Coverage of Advertisers
The California Supreme Court currently is considering an appeal that will have broad-reaching consequences for policyholders that face allegations of patent and trademark infringement. Read More ›
New Generic Domain Name Extensions Are Set To Be Launched This Year
Trademark Owners Should Act to Register Their Trademarks with the Trademark Clearinghouse. Read More ›