The roots of free-to-play games can be traced back to the shareware business, which paved the way for independent game developers and the free-to-play economy. While free-to-play games may seem like a modern concept,...more
When targeting hardcore gamers with in-game advertising, it's essential to create campaigns that not only capture their attention but also provide value. Engaging advertising campaigns that gamers enjoy are more likely to be...more
As generative AI gains a foothold in our technology, the first wave of litigation has rippled through the industry, mostly focusing on copyright issues. We expect that plaintiffs will file more lawsuits, if only because that...more
EngineOwning, a Germany-based company, openly confessed to creating cheat software for the Call of Duty games published by Activision Blizzard. Cheat developers' actions can have legal ramifications, but holding them...more
The FCC is grappling with issues at the intersection of AI and consumer marketing. On February 2, 2024, the FCC adopted a declaratory ruling that AI-generated human voices constitute “artificial or prerecorded voice[s]” under...more
Beginning July 1, 2024, businesses that transact with California consumers may not apply additional fees or charges at checkout that were not disclosed in the advertised price (sometimes called “drip pricing”). Drip pricing...more
The start of the year is a good time to assess and refine your telemarketing business practices (including automated text marketing) for success in 2024. This is particularly critical in light of recent government actions...more
Understanding the intricacies of advertising law is a crucial part of getting your venture into the public eye while maintaining legal and ethical standards.
Drawing insights from advertising best practices and recent...more
Over the past year, groups of plaintiffs filed multiple copyright infringement claims against companies behind generative artificial intelligence software. These lawsuits allege that training AI models involves mass-scale...more
1. Don’t exaggerate your AI product’s abilities. The FTC has recently warned businesses that false or deceptive claims about the capabilities of AI products can subject companies to liability, as it would for any deceptive...more
10/20/2023
/ Advertising ,
Artificial Intelligence ,
Best Practices ,
Disclosure ,
Disclosure Requirements ,
Ethics ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Risk Assessment ,
Risk Management ,
Transparency
The Federal Trade Commission (FTC) continues to issue guidance on the use of generative artificial intelligence (AI) and the potential regulatory scrutiny facing companies and creators using these new tools in the market....more
9/7/2023
/ Artificial Intelligence ,
Copyright ,
Digital Media ,
Federal Trade Commission (FTC) ,
FTC Act ,
Intellectual Property Protection ,
Online Platforms ,
Popular ,
Software ,
Software Developers ,
Technology Sector
On June 29, 2023, the Federal Trade Commission (FTC) announced the publication of long-awaited updates to its Endorsement Guides (Guides), which provide the agency’s official guidance to businesses and other advertisers on...more
7/26/2023
/ Advertising ,
Disclosure ,
Disclosure Requirements ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Guidance Update ,
Marketing ,
Misleading Statements ,
Online Reviews ,
Testimonial Statements
On February 16, 2023, the Federal Trade Commission (FTC) announced an enforcement action against The Bountiful Company (Bountiful) for a practice the FTC dubbed “review hijacking.” Bountiful, a vitamin and supplement company,...more
3/21/2023
/ Consent Order ,
Corporate Counsel ,
Endorsements ,
Enforcement Actions ,
Fake Reviews ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Online Reviews ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
As lawmakers race to catch up on AI technology, the FTC has issued guidance warning marketers not to make false or unsubstantiated claims about AI-powered products. As we see AI starting to emerge in many consumer...more
Influencers and their large and impressionable followings have become a valuable marketing tool for brands big and small. However, brands and influencers alike should proceed with caution as regulators continue to scrutinize...more
12/20/2022
/ Advertising ,
Aiding and Abetting ,
Disclosure ,
Influencers ,
Investment ,
Investors ,
Marketing ,
Pump and Dump ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Litigation ,
Securities Regulation ,
Securities Violations ,
Social Media
The Metaverse is the newest way in which brands are thinking about engaging with existing and new customers. Wendy’s, for example, launched “Wendyverse” in Meta’s Horizon Worlds where users can engage virtually with the...more
5/12/2022
/ Advertising ,
Consumer Litigation ,
Disclosure ,
False Advertising ,
Federal Trade Commission (FTC) ,
Heightened Scrutiny ,
Influencers ,
Metaverse ,
Regulatory Standards ,
Risk Factors ,
Social Media
Subscription services face increased scrutiny from regulators, lawmakers and the plaintiffs’ bar. As we highlighted in a recent client alert, the FTC warned companies against using “dark patterns” in connection with paid...more
On October 28, 2021, the Federal Trade Commission issued a new Enforcement Policy Statement (the Statement) warning companies against using “dark patterns” in negative option marketing. “Dark patterns” is a broad term that...more
On October 13, 2021, the Federal Trade Commission (FTC) sent a Notice of Penalty Offenses to more than 700 businesses, including top consumer brands, retailers, e-commerce platforms and advertising agencies, regarding...more
10/22/2021
/ Advertising ,
Brand ,
Compliance ,
Disclosure ,
E-Commerce ,
Endorsements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Guidance Update ,
IP Litigation ,
Marketing ,
Notice of Violation ,
Testimonial Statements ,
Third-Party
In a recent decision, the U.S. Court of Appeals for the Second Circuit clarified the legal standing of trademark settlement agreements and upheld agreements prohibiting a competitor’s use of a trademarked term in keyword...more
In This Issue -
Assignor Estoppel: When Are Inventors Allowed to Attack Their Own Inventions?
In Minerva v. Hologic, the Supreme Court recently upheld the patent-law doctrine of assignor estoppel—which bars the...more
8/26/2021
/ Anti-Competitive ,
Antitrust Division ,
Appeals ,
Arbitration ,
Artificial Intelligence ,
Assignor Estoppel ,
Best Practices ,
Copyright ,
Employer Liability Issues ,
EU ,
Federal Trade Commission (FTC) ,
Final Written Decisions ,
General Data Protection Regulation (GDPR) ,
Inter Partes Review (IPR) Proceeding ,
Inventions ,
Inventors ,
Life Sciences ,
Music Modernization Act ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Royalties ,
Trade Secrets