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.
Olshan will present a webinar focusing on "What Every Business Should Know About Creating And Protecting Its Brand" on June 21, 2012, 12:30 - 1:30 p.m. EDT.
Andrew Lustigman and Sam Ross were recognized and ranked by Chambers USA.
On May 24, 2012, the FCC issued a final rule amending its existing Truth-in-Billing rules.
Robin Singh, founder and owner of TestMasters, one of the nation's largest LSAT test preparation companies, has filed suit in California state court against David Hall and his company, Velocity Test Prep LLC, for allegedly defrauding students preparing to take the LSAT.
In a 345-page Initial Decision by the Chief Administrative Law Judge, the FTC's complaint against POM Wonderful LLC (POM) and its principals was upheld to the extent that the company had claimed that its products would treat, prevent or reduce the risk of heart disease, prostate cancer and erectile dysfunction because these claims were not supported by sufficient competent and reliable evidence.
The New Jersey Assembly is currently considering 2012 New Jersey Assembly Bill No. 2578, a bill that would authorize Internet gaming in Atlantic City casinos under certain circumstances.
Skechers agreed to pay $40 million to the Federal Trade Commission to settle charges that the company deceptively made unsupported claims that its "toning shoes" helped consumers lose weight and strengthen and tone their buttocks, legs and abdominal muscles.
A federal appeals court affirmed that companies using automated dialers can be sued for calling a telephone number, even if they had permission to call the number from the prior subscriber to that phone number.
The Federal Trade Commission settled with "Green Millionaire Book" promoters. The FTC alleged the defendants lured consumers with a supposedly "free" book falsely promising that it would show them how to power their cars and homes at no cost, and then billed them for an online magazine they never ordered.
A trademark is often a company's most valuable asset. It is what distinguishes a company's products or services from that of its competitors, and many times, consumers will make their purchasing decisions based on the goodwill of a particular brand. For that reason, it is not unusual for a company to have a knee-jerk reaction to challenge another company's use or ownership of the identical mark.