Internet Marketing Law Blog
By Richard B. Newman | | Advertising and Marketing
On May 10, 2018, the Ninth Circuit issued an opinion that affirmed in part and reversed in part an Oregon district court’s preliminary injunction prohibiting Skechers USA, Inc. from selling shoes that allegedly infringe and dilute Adidas America, Inc.’s Stan Smith trade dress and Three-Stripe mark. Affirming in part, the court held that the district…
The FTC’s “Gut Check” Guide for Identifying Deceptive Weight Loss Claims
By Richard B. Newman | | FTC
The Federal Trade Commission consistently initiates investigations and enforcement actions designed to curb misleading claims for products promoting easy weight loss and slimmer bodies. In doing so, the FTC has provided guidance for advertisers and publishers of weight-loss claim “red flags” that are likely to draw the ire of a regulator. The guidance is entitled,…
FTC Commissioner Wants More Aggressive Penalties for Repeat Offenders
By Richard B. Newman | | FTC
The Federal Trade Commission’s enforcement program is designed to ensure that defendants under court order for FTC Act violations do not become repeat offenders. Rohit Chopra, a Trump appointee to the Federal Trade Commission, wants the agency to take a more aggressive stance. On May 11, 2018, Mr. Chopra issues an official statement declaring that “the credibility of…
FTC Enforcement Power Being Put to the Test
By Richard B. Newman | | FTC
The Federal Trade Commission has appealed to the U.S. Court of Appeals for the Third Circuit the dismissal by the Delaware U.S. District Court of the agency’s complaint against Shire ViroPharma Inc. The FTC previously charged Shire with violating Section 5(a) of the FTC Act by engaging in an unfair method of competition with respect…
Leadscon Publishes Article by Advertising Compliance Lawyer Richard Newman on Recent TCPA Decision
By Richard B. Newman | | Telemarketing
Leadscon, the premier conference for networking, education, and premium content focused on the performance and lead generation industry, recently published an article by FTC advertising compliance attorney Richard B. Newman about the District of Nevada granting summary judgment to CBE Group, Inc. on a TCPA claim. Notably, the District of Nevada relied upon the ACA International v.…
California’s Anti-Big Data Consumer Right to Privacy Act Gathers Momentum
By Richard B. Newman | | Privacy and Data Security, Uncategorized
All signs are that California’s controversial ballot initiative, Consumer Right to Privacy Act of 2018, is gathering momentum ahead of a November vote. Telecom and Internet-based business are preparing to oppose the ballot measure. The initiative has been introduced by two California citizens and would impose new data privacy and security obligations, as well as significant liability for the…
Table of Contents
- Court Rules That Use of Competing Trademark in Metatags Supports Finding of Infringement
- The FTC’s “Gut Check” Guide for Identifying Deceptive Weight Loss Claims
- FTC Commissioner Wants More Aggressive Penalties for Repeat Offenders
- FTC Enforcement Power Being Put to the Test
- Leadscon Publishes Article by Advertising Compliance Lawyer Richard Newman on Recent TCPA Decision
- California’s Anti-Big Data Consumer Right to Privacy Act Gathers Momentum
- Archives