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Kellogg’s Gets Popped by FTC for False Advertising
They’re cute, they make noise, they might even get your kid to eat his breakfast, but boost immunity? The FTC says not so much. For the second time in a year, Kellogg’s has been put on the hot seat...
View ArticleLatest Money Scam Targets Out of Work Students
Nothing says “economic depression” so much as when scam artists run con-games on the weakest citizens: the infirm, the old, and now, unemployed students and recent graduates without money. The FTC...
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FTC claims Nestle “BOOSTed” Health Claims, Amounting to False Advertising
The FTC and Nestle have come to an agreement: Nestle will stop making health claims about its BOOST probiotic product, and the FTC won’t fine the company for false advertising. Nestle had previously...
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‘Useful Article’ and Protectability of Technical Drawings of A ‘Travel Trailer’
Forest River, Inc. v. Heartland Recreational, USDC Northern Indiana 3:10-CV-11-TS Competitors in the travel trailer industry, Forest sued after Heartland copied the Forest floor-plan and did two...
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Contributory Infringer Liability Not Found In False Advertising Claim
Sellify, Inc. v. Amazon.com, Inc., (SDNY 11/3/10) Sellify, aka ‘One Quality’, went in and out of business minimally while buying and re-selling used electronics on eBay. Cutting Edge Design (CED), an...
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State Court Rules Common Law Trade Dress Claims Preempted by Copyright
Estate of Curtis v. Chambers and Globe Specialties, Supreme Court of Massachusetts, Case No. 10662 (Jan. 18, 2011) Harold Curtis designed and produced unique and distinctive printed promotional and...
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Copyright License Includes Advertising
Fodere v. Lorenzo (Feb. 3, 2011 S.D. Fl.) Defendant, Compacstone, sells marble and quartz for home, particularly kitchen, installation; and hired Plaintiff Fodere to photograph a kitchen featuring...
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Copyright Misuse Defense Fails As Claim in Declaratory Judgment Case
The Nielsen Company, LLC v. Truck Ads, LLC (Jan. 24, 2011) This dispute began as a feud between two trucking companies regarding maps depicting marketing areas. Neilsen sued claiming that the Neilsen...
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FTC Comes out Swinging Above the Fold. New Guidelines Hold Digital...
Since its release in March, 2013, “.com Disclosures” is the new hot read among ad law geeks and insomniacs, but it should be on the desk of every mobile and digital marketing executive in America. The...
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Trademarks and Social Media: What We Can All Learn about Branding From...
Last week, Abercrombie & Fitch CEO Mike Jeffries admitted he didn’t make A&F clothes in larger sizes. His reasoning: beautiful – read thin – people attract other beautiful people to wear...
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