• 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.

  • 05.24.18

    App Maker Pays $100K to Settle COPPA Action

    To resolve allegations of Children’s Online Privacy Protection Act (COPPA) violations, a Chinese software and consumer electronics company agreed to pay the New Jersey Attorney General’s Office $100,000 and change its business practices.

  • 05.24.18

    FTC Settles Sound Amplifier False Advertising Claims

    Claims for a sound amplifier were too loud for the Federal Trade Commission, which settled charges of deceptive advertising in violation of Section 5 of the FTC Act with the Florida-based entities that manufactured the product and the entities’ owner.

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