Newsletters

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.”


06.07.18

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 substantial ...


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 ...


05.31.18

Add Disclosures, CARU Tells Race Game Advertiser

The Children’s Advertising Review Unit (CARU) recommended that Anki add an audio disclosure to the advertising for the OVERDRIVE: Fast & Furious Edition of its app-controlled cars in order to demonstrate how the product performs and that a device that was not included was necessary for ...


05.31.18

Supreme Court Bets on Sports Gambling

Paving the way for legalized gambling—and advertising for the industry—the Supreme Court struck down the Professional and Amateur Sports Protection Act (PASPA) in a challenge involving the state of New Jersey.


05.31.18

Class Seeks Quick Win Over Scratch-Off Sweepstakes Mailers

Arguing that the defendant was clearly the “sponsor” of a scratch-card promotion, an Illinois resident moved for partial summary judgment in her class action alleging violations of state law.


05.24.18

NAD Unhappy About Perdue’s ‘Happy’ Chickens

Perdue Farms, Inc., plans to appeal a recent decision by the National Advertising Division (the NAD) recommending that the advertiser modify or discontinue ads touting organic farming methods used to raise chickens.


05.24.18

Florida AG Tables Restaurant’s ‘Farm-To-Table’ Claims

“Locally sourced” claims from a Florida restaurant chain triggered a complaint from the state’s attorney general, who alleged the defendant actually purchased its ingredients from a national food distributor.