On September 15, 2020, New Jersey Governor Phil Murphy signed the New Jersey Fair Pay Act (the “Law”) into law, which grants collegiate athletes in the State the ability to profit from the use of their names, images, and likenesses. New Jersey is the latest in a wave of states making major changes to athlete […]
New Jersey to Allow Student Athlete Marketing Read More »
On September 1, 2020, Age of Learning Inc., d/b/a ABCmouse (“ABCmouse”), agreed to pay $10 million to settle an enforcement action brought by the Federal Trade Commission (“FTC”) for engaging in alleged illegal marketing and billing practices. According to the FTC, ABCmouse, which operates a membership-based online learning tool for children, enrolled unsuspecting consumers in
FTC Obtains $10M Settlement for Negative Option Marketing Read More »
Over the last several months, telemarketers have confronted a new reality that forces them to understand the implications of declarations of public health and other emergencies issued by local, state, and federal governmental agencies. Various jurisdictions have telemarketing restrictions that are triggered upon such declarations, making recent months and the foreseeable future a particularly tricky
Telemarketing Restrictions During Emergencies Read More »
On August 4, 2020, the Federal Trade Commission (“FTC”) filed suit against three online merchandisers for misrepresenting to consumers that they could quickly ship personal protective equipment (“PPE”) featured for sale on their websites. The lawsuits are a reminder of how important truthful PPE marketing is in order to gain consumer trust and avoid costly
The Importance of Accurate PPE Marketing Read More »
On August 21, 2020, The Eamon Foundation, owner of multiple trademarks related to the “Terrible Towel” waived at Pittsburgh Steelers (the “Steelers”) games, sued Time In, LLC d/b/a Time in Apparel (“TIA”) for trademark infringement, unfair competition, dilution and unjust enrichment. The lawsuit is a good reminder of the importance of consulting with an experienced
“Terrible Towel” Lawsuit a Good Reminder to Consult a Trademark Lawyer Read More »
Apple’s forthcoming iPhone operating system, iOS 14, will overhaul how apps and advertisers disclose their privacy practices to consumers. Critically, apps will soon need their users to provide opt-in consent to the sharing of advertising identifiers. These changes are not only significant due to the size of Apple’s user base, but also because Apple’s practices
App Law and Future Changes to iOS Privacy Read More »
FabFitFun. Inc. (“FabFitFun”), the seasonal beauty box-by-mail company, has sued JFF Entertainment, LLC (“JFF) for breach of contract. In its lawsuit, FabFitFun alleges that JFF never provided the social media endorsements that it had contracted to provide from actors Cara Delevingne, Sarah Hyland, and Ashley Benson. FabFitFun was careful to point out that the lawsuit
Influencer Law and Contract Disputes Read More »
Social media websites have received an increase in user traffic due to the Covid-19 pandemic. One tried and true way to advertise to users on social media is to get the endorsement of a celebrity or social media “influencer.” Superficially, the process is easy – businesses pay influencers to post endorsements of their goods or
Social Media Influencers and FTC Lawsuits Read More »