DIRECTV in Hot Water for Rob Lowe Advertising Campaign

April 10, 2015 The National Advertising Division (“NAD”) of the Better Business Bureau, acting on a complaint from Comcast, has recommended that DIRECTV modify some of the claims made in its popular Rob Lowe commercials, or otherwise cease airing them altogether. DIRECTV has indicated that they intend to appeal the decision, which although non-binding, could […]

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Brewery Enforces Beer Trademark with Acquired Distinctiveness

April 9, 2015 After amending its application with the U.S. Patent and Trademark Office (“USPTO”) to show that its Tangerine Wheat Ale had acquired distinctiveness in the marketplace, California-based Table Bluff Brewing Inc. d/b/a Lost Coast Brewery (“Lost Coast”) was granted a federally registered trademark in 2014 (No. 4509582) for the phrase TANGERINE WHEAT for

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Tommy Hilfiger TCPA Class Action Lawsuit Focuses on Prior Express Written Consent

April 6, 2015 On April 2, 2015, a class action lawsuit was filed against PVH Corp., d/b/a Tommy Hilfiger (“TH”), alleging that TH violated the Telephone Consumer Protection Act (‘TCPA”) by sending mass commercial text message advertisements to consumer cell phones without obtaining prior express written consent to send such messages. The lawsuit, filed in

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Attorneys General Clamp Down on Orbital’s Deceptive Marketing Campaign

April 2, 2015 This week, attorneys general from across the country filed suit, as part of a coordinated effort against an Oregon company for deceptive magazine and newspaper solicitation practices. The top prosecutors accuse Liberty Publisher Services, Orbital Publishing Group (“Orbital”) and their principals, of overcharging consumers for subscriptions to newspapers, magazines and other periodicals.

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David Klein Weighs In with Bloomberg Business on Player Participation in Daily Fantasy Sports

Daily Fantasy Sports Growth Pushes Leagues to Regulate Players The rapid evolution of fantasy sports from casual season-long recreation to high-stakes daily Internet games has given U.S. professional sports another source of revenue as well as a headache in determining player-participation policies. Over the last year, all four major U.S. sports leagues signed sponsorship deals

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NYAG, GNC Sign Landmark Herbal Supplement Agreement

March 31, 2015 This Monday, New York Attorney General Eric T. Schneiderman called off an investigation involving herbal supplements manufactured, marketed and sold by health and nutrition retailer GNC Corporation (“GNC”). The parties’ groundbreaking agreement requires GNC to implement a series of novel quality control standards for its store-brand herbal supplements. Will GNC’s agreement have

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FTC’s “Operation Ruse Control” Revs Up Against Auto Dealers, Deceptive Advertising

March 30, 2015 The Federal Trade Commission (the “FTC” or “Commission”) and various law enforcement agencies are racing forward with their latest campaign against deceptive advertising, code-named “Operation Ruse Control.” The initiative is a coast-to-coast and cross-border effort by the FTC and state, federal and international law enforcers aimed at deceptive automobile advertisements, adds-ons, financing and

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