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…

On January 22, 2018, Native Advertising Institute featured an article written by Internet law attorney Richard B. Newman that discusses the Federal Trade Commission’s recently released staff report summarizing agency-commissioned research from 2014-2015. The article discusses the exploration of consumer recognition of paid search advertising and “native advertising” that resemble news, feature articles, product reviews,…

FTC defense lawyer Richard B. Newman of Hinch Newman LLP is featured by Data Protection Leader, an international publication for authoritative data professionals offering analysis and guidance on data privacy, compliance and data protection regulations. The article is entitled “Complying with the FTC’s COPPA Rule in a Data-Driven World.” The Children’s Online Privacy Protection Act (COPPA) is…

The FTC continues to aggressively target negative option offers that deceptively induce consumers through a “free trial” or low-cost initial fee to make a purchase without being informed there will be recurring charges unless they cancel. All material terms must be “clearly, conspicuously and prominently” disclosed to consumers prior to the submission of billing information.…

The Federal Trade Commission has released a staff report summarizing agency-commissioned exploratory research from 2014-2015. The report, entitled “Blurred Lines: An Exploration of Consumers’ Advertising Recognition in the Contexts of Search Engines and Native Advertising,” explores consumer recognition of paid search advertising and “native advertising” that resemble news, feature articles, product reviews, entertainment or other…