Mar 31, 2022 SAG-AFTRA Commercials Contract Negotiations Update - No Contract (Yet) By Brian Murphy This just in ... With the SAG-AFTRA Commercials Contract set to expire today, the union and The Joint Policy Committee have announced...
Mar 31, 2022 New York Attorney General Sues Over Failures to Deliver When Promised By Jeff Greenbaum Last last year, the New York Attorney General sued Sonjia Posh Boutique and Prestigious Marketing Concepts, alleging that, although the...
Mar 30, 2022 More Guidance from NAD on Product Reviews By Terri Seligman Function and Prose, two “online purveyors of customizable hair products” (and clearly fierce competitors) have been at it for a while,...
Mar 30, 2022 A Copyright Mystery: Who Owns ARTY's Contributions to Remix of OneRepublic's "I Lived"? By Brian Murphy This case involves (1) a remix of a hit song by a popular DJ, (2) an analysis of the different compositional elements included in that...
Mar 30, 2022 Is "Reef Friendly" a Potentially Misleading Green Claim or is it Just Puffery? By Jeff Greenbaum Kroger, the supermarket chain, sells a store brand of sunscreen that is labeled as "reef friendly." A consumer sued Kroger, as well as...
Mar 29, 2022 Raging Mad: Subscription Program Provokes Ire of Consumers, and the FTC By Terri Seligman The FTC recently announced a settlement with the operators of RagingBull.com, an online stock trading site. This is a case about a...
Mar 28, 2022 Court Says Section 230 Immunity Bars Certain FTC False Advertising Claims Against Match.com By Jeff Greenbaum In 2019, the Federal Trade Commission sued Match Group, Inc., the owner of Match.com and other dating sites, alleging various claims,...
Mar 26, 2022 FTC Reminds Marketers That Hashtags Can Communicate False "Made in USA" Claims By Jeff Greenbaum In two recent closing letters, the Federal Trade Commission called out marketers for using hashtags that communicated false U.S.-origin...
Mar 26, 2022 U.S. and EU Reach Deal on Trans-Atlantic Data Transfers By Maria Nava On Friday, March 25, 2022, U.S. President Joe Biden and European Commission President Ursula von der Leyen announced an “agreement in...
Mar 25, 2022 NYAG Settles With Online Travel Agency Over Use of "Dark Patterns" and Other Deceptive Marketing By Jeff Greenbaum The New York Attorney General's Office announced that it reached a $2.6 million settlement with Fareportal Inc., the operator of online...
Mar 24, 2022 CFPB Issues Guidance on the Manipulation and Suppression of Consumer Reviews By Jeff Greenbaum Earlier this week, the Consumer Financial Protection Bureau issued new guidance to financial companies regarding the manipulation and...
Mar 23, 2022 Migrating Online Forum to New Platform to Avoid Russian Censorship Qualifies as Fair Use By Brian Murphy Davis Square in Somerville, Massachusetts, is a groovy place. Between 2010 and 2017, a group of its residents used the Russian-owned...
Mar 17, 2022 High School Softball Team's Tweet of Inspirational Passage Qualifies For Fair Use, Says CA5 By Brian Murphy We have met sports psychologist Dr. Keith Bell before. (See this post.) In 1982, Dr. Bell published Winning Isn’t Normal, a 72-page...
Mar 15, 2022 Game Company's Pledge of Charitable Support Scrutinized by NAD By Terri Seligman It’s not often that you read an NAD decision that involves the late and great Marsha P. Johnson. Ms. Johnson was an activist,...
Mar 15, 2022 How Does That Song Go Again? Lyrics Database's Claims Alleging "Scraping" in Violation of TOS Preempted by Copyright By Brian Murphy Be honest. Were you as puzzled as I the first time you (mis)heard Taylor Swift, in "Blank Space," singing about “all the lonely Starbucks...
Mar 13, 2022 California AG Issues Written Opinion on Internally Generated Inferences By Daniel Goldberg Yesterday, the California AG issued a rare written opinion on a question of law arising under CCPA. Specifically, the AG addressed the...