• 06.18.18

    Court Rules: PAGA Claim Doesn’t Require Injury

    A Private Attorneys General Act (PAGA) claim based on the failure to provide and maintain accurate wage statements as required by the California Labor Code does not require proof of injury, a California appellate panel has ruled.

  • 06.14.18

    NAD Cleans Up Vacuum Claims

    Robot vacuums battled it out before the National Advertising Division, with the self-regulatory body ultimately siding with iRobot in a challenge to claims made by its competitor, Bobsweep USA, about the bObsweep vacuum.

  • 06.14.18

    Star Trek, Dr. Seuss Mash-Up, Continues to Make Law

    In the latest round of the battle over a Star Trek version of Dr. Seuss’s Oh, the Places You’ll Go!, a California federal court judge has ruled the junior publication’s title did not violate trademark law.

  • 06.14.18

    Fourth Circuit Sets Standard for Lanham Act Attorney Fees

    The U.S. Court of Appeals for the Fourth Circuit has ruled that a prevailing party is entitled to attorney fees only if it convinces the court by a preponderance of the evidence that the case was “exceptional.”

  • 06.14.18

    ‘Do Not Track Kids’ Tracks Back to Congress

    The Do Not Track Kids Act has made a return to Congress, with lawmakers hoping the third time will be the charm and the protections of the Children’s Online Privacy Protection Act (COPPA) will be extended to children up to age 15.

  • 06.08.18

    Governor Brown Releases His Final May Revision Budget

    In mid-May, Governor Jerry Brown released his 16th and final “May Revision” to his initial January budget proposal; it included updated revenue information and relatively modest proposed changes.

  • 06.07.18

    Fight California’s Proposed Privacy Law, ANA Tells Advertisers

    The Association of National Advertisers (ANA) is pushing back against a proposed ballot initiative—the California Consumer Privacy Act of 2018—that would make sweeping changes with regard to consumer privacy and extend the act’s coverage to companies that conduct ...

  • 06.07.18

    Fifth Circuit Affirms TM Protection for SpongeBob’s Restaurant

    Affirming a district court ruling, the U.S. Court of Appeals, Fifth Circuit agreed with Viacom International that a fictional underwater restaurant named The Krusty Krab featured in SpongeBob SquarePants is entitled to trademark protection by virtue of its continued use and secondary meaning.

  • 06.07.18

    Conair’s ‘Most Trusted’ Claims Referred to FTC

    After Conair Corp. declined to participate in a review by the National Advertising Division (NAD) of its claim that the Cuisinart brand is “The Most Trusted Name in the Kitchen,” the self-regulatory body referred the case to the Federal Trade Commission (FTC).

  • 06.07.18

    The NAD Limits T-Mobile’s ‘Best Unlimited Network’ Claims

    In the ongoing battle of advertisers in the wireless service provider industry, AT&T scored a victory when the National Advertising Division (NAD) recommended that T-Mobile discontinue the claims in the statements “T-Mobile is America’s Best Unlimited Network” and ...