PornHub Advertising in Crosshairs for Sloppy Trademark Clearance

1 Comment / Blog, Journal, Online Marketing & Advertising Law, Trademark & Copyright Law /

August 19, 2015 Last Wednesday, an Italian consortium of Parmigiano-Reggiano cheese producers and traders threatened legal action against the owners of adult video website PornHub. The dispute stems from shoddy trademark clearance work and an adult-oriented commercial featuring the famous cheese’s trademark-protected name. Why is it important to clear advertising materials for third-party brands?

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Marketer to Pay $58K to FTC for Allegedly Deceptive Mobile Apps

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August 17, 2015 Last Thursday, the Federal Trade Commission (the “FTC” or “Commission”) announced that it had settled its lawsuit against Mr. Avrom Lasarow in connection with a number of allegedly deceptive mobile apps. Mr. Lasarow’s “Mole Detective” apps purported to detect the skin cancer melanoma in moles on users’ skin. What can app providers

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CVS Hit with TCPA Class Action Lawsuit

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On August 11, 2015, a putative class action lawsuit was filed against CVS Pharmacy, Inc. (“CVS”) in the United States District Court for the Middle District of Louisiana, alleging that the pharmacy violated the Telephone Consumer Protection Act (“TCPA”). The lawsuit also names West Corporation (“West”), the party alleged to have made/sent the subject unlawful

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South Carolina Anti-Robocall Statute Ruled Unconstitutional

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August 12, 2015 Last week, the United States Court of Appeals for the Fourth Circuit struck down a South Carolina anti-robocall statute. The Circuit Court determined that the South Carolina law unconstitutionally regulated free speech in violation of the First Amendment. What about the South Carolina anti-robocall statute made it unconstitutional?

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Facebook Argues Definition of “ATDS” and “Emergency” Call in TCPA Lawsuit

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August 11, 2015 On July 31, Facebook, Inc. (“Facebook”) submitted reply papers to the United States District Court for the Northern District of California, arguing that a putative Telephone Consumer Protection Act (“TCPA”) class action lawsuit must be dismissed. Facebook’s reply papers argued that the automatic text message notifications sent by Facebook to its users

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FTC Wins Robocall-Blocking Technology Lawsuit with Contest Rules

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August 10, 2015 In August 2013, Mr. David Frankel initiated a lawsuit against the Federal Trade Commission (the “FTC” or “Commission”) for snubbing his submission to an FTC-sponsored contest concerning robocall-blocking technology. On July 31, 2015, the U.S. Court of Federal Claims unsealed its opinion and order, granting the Commission’s motion for summary judgment against

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Case Dismissed against Multi-Level Marketing Company Herbalife

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July 31, 2015 A Federal District Court Judge in the Central District of California this week threw out a lawsuit against Herbalife, Ltd. (“Herbalife”), which alleged that Herbalife had violated federal securities laws by misrepresenting various aspects of its business operations. This is the second amended complaint that has been dismissed by the Judge in

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FTC Launches University of Phoenix Truth in Advertising Investigation

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July 31, 2015 News broke this week of a Federal Trade Commission (“FTC”) investigation into the University of Phoenix (“UP”). The FTC served a civil investigative demand (“CID”) on UP, in connection with evaluating whether the university has engaged in deceptive marketing tactics. Neither UP nor its parent company, Apollo Education Group, released a statement,

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