31 Jan, 2023 Cellphone Photo Etiquette: “Do you mind taking our picture?“ “Sure, but I own the Copyright!” By Brian Murphy Edward H. Rosenthal Here is the scene. You are walking in Central Park. A group of tourists comes up to you and asks you to take their picture. They hand you...
31 Jan, 2023 FTC Extends Public Comment Period for Green Guides Review By Jeff Greenbaum In mid-December, the Federal Trade Commission announced that it is seeking public comment on proposed revisions to its "Guides for the...
30 Jan, 2023 Whiskey or Whiskey-Flavored? Consumers are Fired Up About “Fireball Cinnamon” Label By Ariel Radow A class action lawsuit has been filed against Sazerac Company, the maker of Fireball Whiskey, for allegedly misleading consumers into...
30 Jan, 2023 Can You Promote a Product as Being "Reef Friendly" if it Contains Chemicals That Harm Reefs? By Jeff Greenbaum The Hain Celestial Group makes a variety of sunscreens that it promotes at "reef friendly." What does "reef friendly" actually...
29 Jan, 2023 Your Audience Matters By Terri Seligman A recent Decision from NAD serves as an excellent reminder that, in advertising law, it’s not just important what you say, but to whom...
28 Jan, 2023 California Attorney General Issues New Round of Warning Letters for Alleged CCPA Violations By Daniel Goldberg Today (once again in connection with Data Privacy Day), California Attorney General Rob Bonta released a statement that his office has...
28 Jan, 2023 Does "Dolphin Safe" Mean That No Dolphins Were Harmed? By Jeff Greenbaum The Dolphin Protection Consumer Information Act permits marketers of tuna to promote their products as "dolphin safe" if the tuna is...
27 Jan, 2023 Massive 'Vastflux' Adware Scam Affected Millions of Phones, Thousands of Apps, Hundreds of Publishers By Bram Schumer Imagine a billboard on Sunset Boulevard. Before anything goes up, the billboard’s owner casts about looking for the highest bidder,...
27 Jan, 2023 FCC Proposes Significant Fine Against Fox Corporation for Use of Emergency Tones in NFL Promo By Christopher Chase The Federal Communications Commission (“FCC”) has proposed a $504,000 fine in a Notice of Apparent Liability for Forfeiture against Fox...
26 Jan, 2023 When does the FTC step in over a free trial that automatically converts to a ongoing subscription? By Terri Seligman When it gets 70,000+ complaints. Back in 2016, the FTC settled with beauty product and nutritional supplement marketer, NutriClick....
26 Jan, 2023 FTC Reaches $7.2 Million Settlement With Lead Generator By Jeff Greenbaum The Federal Trade Commission announced that it reached a settlement with HomeAdvisor, resolving allegations that the company used...
24 Jan, 2023 You're Invited! IAA Fireside Chat with BBB National Programs' Mary K. Engle By Jeff Greenbaum The International Advertising Association is sponsoring a virtual fireside chat on "Global Advertising and Policy Issues" with Mary K....
24 Jan, 2023 CFPB Issues Its Own Dark Patterns Guidance for Negative Option Practices By Kate Patton Drawing from the Federal Trade Commission’s recent policy statement and its own past enforcement actions, the Consumer Financial...
23 Jan, 2023 A Copyright Pleading Dilemma: How Do You Properly Allege Substantial Similarity When You Can’t Access the Defendant's Code? By Brian Murphy Here's a dilemma. You own valuable software, and you are convinced that your competitor has copied it. However, since your competitor...
22 Jan, 2023 SDNY Holds That New York's Right of Publicity Law Is Not An Intellectual Property Right and Therefore is Subject to Section 230 Immunity By Edward H. Rosenthal This past week, Judge Jesse M. Furman of the Southern District of New York ruled, in what he called a case of first impression, that a...
20 Jan, 2023 If You're Making Temporary Changes to Your Supply Chain, Check Out the Latest FTC "Made in USA" Settlement By Jeff Greenbaum The Federal Trade Commission just announced that it reached a settlement with Instant Brands, the maker of Pyrex kitchen products,...