• 03.21.19

    Copyright Registration Required, Supreme Court Rules

    In a unanimous opinion resolving a circuit split, the U.S. Supreme Court held that copyright owners must wait to file an infringement lawsuit until a copyright registration has been issued.

  • 03.21.19

    Talking Cat App Should Keep Quiet on Advertising, CARU Recommends

    A mobile application that features a talking cat and is geared toward children must clearly disclose its advertising content, must delete inappropriate ads in the app and must remove advertising content from its privacy policy, the Children’s Advertising Review Unit recently recommended.

  • 03.14.19

    Musical.ly Sings New Tune With $5.7M FTC Settlement

    The Federal Trade Commission announced the largest civil penalty obtained in a Children’s Online Privacy Protection Act (COPPA) case, in a $5.7 million settlement with video social network app TikTok, formerly known as Musical.ly.

  • 03.14.19

    Fake Reviews, Real FTC Action

    In the first case challenging a marketer’s use of fake paid reviews on an independent retail site, the Federal Trade Commission settled with Cure Encapsulations, Inc., and its owner over dozens of phony product reviews posted on Amazon.  

  • 03.14.19

    CCPA Revisions and Federal Proposals: The Latest in Privacy News

    As federal lawmakers debate the possibility of a national privacy law, California legislators are considering a new bill that would amend the state’s Consumer Privacy Act (CCPA) with a broader private right of action and remove the right to cure deficiencies.

  • 03.14.19

    FTC Sues Over Negative Option, ‘Free Trial’ Plans

    Adding to a series of actions challenging online “free trial” offers that involve negative option plans, the Federal Trade Commission announced a new lawsuit against a Puerto Rico-based defendant and his companies.

  • 03.07.19

    ‘The Carlton’ Dances Its Way Out of Copyright Protection

    As the lawsuits pile up against video game phenomenon Fortnite, one of the plaintiffs has lost his effort to copyright “The Carlton” dance as the basis of his action.

  • 03.07.19

    Deceptive Pricing Suits Continue to Proliferate

    While the initial wave of deceptive pricing suits appears to be ending in settlements, new class actions are still being filed—including suits against Barneys Warehouse and Kate Spade outlet stores.

  • 03.07.19

    Kim Kardashian Sues Knockoff Site

    In the latest false advertising litigation involving a member of the Kardashian family, Kim Kardashian West has filed suit against an online retailer for using her name and image without permission to sell knockoff versions of her outfits.

  • 03.07.19

    ERSP Recommends Investing Site Discontinue Misleading Pricing Claims and Testimonials

    Expressing concerns about the earnings claims and testimonials found in advertising for a personal finance subscription service providing investment recommendations, the Electronic Retailing Self-Regulation Program (ERSP) advised the company to modify or discontinue its claims.

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