Bandai Namco has filed in the California District Court for a TRO (temporary restraining order) and a preliminary injunction against AtGames Holdings Ltd. to prevent the Taiwanese retro game maker from producing and selling...more
A US-based manufacturer was recently investigated by the Federal Trade Commission after improperly labeling country-of-origin information that violated the Textile Products Identification Act and Textile Rules....more
The Federal Trade Commission (FTC) this month issued new guidance on the use of social media influencers in marketing campaigns. And though it breaks little new ground, the guidance provides perhaps the clearest examples yet...more
11/18/2019
/ Blogging Platforms ,
Deceptive Intent ,
Disclosure Requirements ,
E-Commerce ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
New Guidance ,
Online Advertisements ,
Online Endorsements ,
Online Platforms ,
Online Reviews ,
Social Media ,
Social Networks ,
Websites
Lenwood Hamilton, also known as Hard Rock Hamilton, claimed that Gears of War character Augustus Cole infringed his publicity rights because the video game character had a number of features he felt were identified with him....more
11/5/2019
/ Athletes ,
Avatar ,
First Amendment ,
Infringement ,
Microsoft ,
Motion for Summary Judgment ,
Right of Publicity ,
Software Developers ,
Transformative Use ,
Transformativeness ,
Video Games
Retailers that issue gift cards should be aware of a recent wave of class action lawsuits filed under the Americans with Disabilities Act (ADA) at the end of October. Thirty-three class action lawsuits were filed against a...more
Last week, a California federal jury concluded that the maker of 5-Hour Energy Drink did not violate federal antitrust law by selling the energy shots to Costco for less than the price charged to its family-owned rivals....more
The Federal Trade Commission (FTC) recently filed a complaint against Match.com (Match) in the US District Court for the Northern District of Texas alleging that the dating website allowed fake accounts to lure consumers into...more
On October 7, 2019, United States Supreme Court declined to hear an appeal of a decision by the Ninth Circuit presenting a question of significant importance to business owners engaged in ecommerce: Does Title III of the ADA...more
10/17/2019
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Dominos ,
Due Process ,
E-Commerce ,
Mobile Apps ,
Petition for Writ of Certiorari ,
Public Accommodation ,
Reversal ,
Summary Judgment ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Websites
The US Federal Trade Commission is considering changes to the rules governing negative option offers, including automatic renewals. A “negative option” is an offer for goods or services in which a consumer’s inaction...more
The Gap, Inc. recently settled a class action lawsuit alleging that the retailer employed a misleading pricing scheme in The Gap and Banana Republic outlets and factory stores. The plaintiffs claimed that the company, which...more
In this video episode of Fashion Counsel, Arent Fox Partner Anthony Lupo and Master Perfumer and CEO of DreamAir Christophe Laudamiel discuss how to find your signature scent, how a scent is made, and what notes don’t mix...more
Despite a recent setback, a right of publicity lawsuit filed by the actress Brooke Shields against a cosmetics company and several major retailers will proceed in California state court....more
The Delaware Superior Court recently issued a final order against Overstock.com for violating Delaware’s Abandoned and Unclaimed Property Law and False Claims and Reporting Act by failing to report and remit nearly $3 million...more
AM General, LLC, owner of the intellectual property associated with the HUMVEE all-terrain military vehicle, has sued popular game maker Activision Blizzard, Inc. over the inclusion of HUMVEE intellectual property in the CALL...more
The FTC recently brought action against two companies for including non-disparagement provisions that bar or impose financial penalties on consumers for writing negative reviews in their form contracts, without a meaningful...more
7/23/2019
/ Apartments ,
Consumer Review Fairness Act (CRFA) ,
Contract Terms ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Non-Disparagement Provisions ,
Online Reviews ,
Penalties ,
Rental Property ,
Standard Form Contracts ,
Vacation Rentals ,
Void and Unenforceable
In response to the significant increase in fraudulent filings, effective August 3, 2019, all foreign-domiciled applicants, registrants, or parties to trademark proceedings must be represented by a US-licensed attorney....more
7/9/2019
/ Attorney Representation Agreements ,
Canada ,
Compliance ,
Corporate Counsel ,
Foreign Trademark ,
Fraud ,
Madrid Protocol ,
New Rules ,
Patent Agents ,
Regional Attorneys ,
Trademark Application ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO ,
WIPO
On Monday, the Supreme Court held that the ban on “immoral or scandalous” trademarks was unconstitutional under the First Amendment. The Court found that, as with the recently struck down ban on “disparaging” marks, the ban...more
7/1/2019
/ Appeals ,
Constitutional Challenges ,
First Amendment ,
Free Speech ,
Iancu v. Brunetti ,
Lanham Act ,
Reaffirmation ,
Reversal ,
Scandalous/Immoral Marks ,
SCOTUS ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO ,
Viewpoint Discrimination