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Displaying 1 - 10 of 35
Tuesday, Oct. 15, 2019
When is an Inaccurate Prediction also False Advertising?
Wright Medical Technology and Paragon 28 are competitors in the niche market of selling surgical plates and other devices used to repair bones in the foot and ankle. The competition between the companies is particularly intense because Paragon was founded by a number of former Wright Medical...
Friday, Oct. 4, 2019
Don't Hide the Differences in the Products When Doing Comparative Price Advertising
Can you advertise that your product is cheaper than a competitor's product when your product doesn't offer the same features? Can you use a disclaimer to explain the differences? These are some of the key issues in a false advertising lawsuit between two companies -- Asurion and SquareTrade -- that...
Monday, Sep. 23, 2019
The Union Strikes Back
Not so long ago (last May), right here in our own galaxy, SAG-AFTRA focused its laser cannons directly at a squadron of six third party signatory companies that it considered to be a threat to the Galactic Empire. Specifically, as I recounted in a previous blog post , the union revoked the...
Tuesday, Sep. 17, 2019
When Is A Picture NOT Worth A Thousand Words?
It’s amazing how many blog posts we’ve written about chickens. Or, rather, cases involving chickens. BBB National Advertising Division's (NAD) recent decision in the ongoing Cluck Wars is worth a read: it deals with how the imagery in an ad can potentially have an impact on the claim used in the...
Wednesday, Sep. 11, 2019
FBI's Operation reWired Targets International E-mail Scams
The U.S. Federal Bureau of Investigation announced more than 280 arrests in a law enforcement sweep aimed at schemes that trick individuals and businesses into wiring money to criminals. The arrests were part of Operation reWired, which was a four-month, multi-agency law enforcement effort to...
Thursday, Sep. 5, 2019
Ariana Grande Sues Forever 21, Asserting Right of Publicity, Lanham Act and Copyright Claim
This week, pop-star Ariana Grande (known for her hit songs like Thank U, N ext and 7 Rings ) brought suit in the Central District of California against retailer Forever 21 (who, according to Bloomberg , is preparing for a potential bankruptcy filing) and affiliated beauty boutique Riley Rose,...
Monday, Aug. 19, 2019
LGBTQ+ YouTubers Allege that YouTube Engages in Discriminatory Practices
Eight YouTubers, including the creators of such channels as GlitterBombTV, Queer Kid Stuff, and Watts the Safeword, recently filed a class action complaint in the Northern District of California against YouTube and its parent company Google. The complaint alleges that YouTube discriminantly targets...
Monday, Aug. 12, 2019
Trump Can't Block Critics From The @realDonaldTrump Twitter Account, Says The Second Circuit (and the First Amendment)
Last month, the Second Circuit held that Donald Trump violated the First Amendment when he blocked several Twitter users from his @realDonaldTrump Twitter account. The ruling, Knight First Amendment Inst. at Columbia Univ., et al. v. Donald J. Trump, et al. , affirmed a 2018 Southern District of...
Monday, Aug. 5, 2019
Does "Made With Real Butter" Mean That There's No Margarine In The Product?
Crystal Farms Refrigerated Distribution Company sells the Diner's Choice brand of refrigerated, ready-to-eat mashed potatoes. The front label of the package includes an picture of the mashed potatoes with a pat of butter on top, along with the words "made with real butter." The packaging also says...
Monday, Jul. 29, 2019
Business Takeaways From The FTC $5 Billion Settlement With Facebook
On July 24, 2019, the FTC announced a $5 billion settlement with Facebook to address Facebook’s alleged violations of the FTC Act and its 2012 consent order with the FTC. The settlement comes as no surprise to the privacy community – Facebook has been closely scrutinized by the public and...