Category Archives: advertising

When is a house an advertisement?

Mid-Continent Casualty Co. v. Kipp Flores Architects, L.L.C., No. 14-50649 (5th Cir. Feb. 26, 2015)   KFA, an architecture firm, got a judgment in a jury trial against a builder, Hallmark Design Homes, for copyright infringement for building hundreds of … Continue reading

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restrictions on lawyer ads touting past results unconstitutional

Rubenstein v. Florida Bar, No. 14–CIV–20786, 2014 WL 6979574 (S.D. Fla. Dec. 9, 2014) Florida bars attorney advertising from referring to past results, which a Bar task force held in 1997 were inherently misleading to laypeople, because cases that appear … Continue reading

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When is a 13-year discrepancy immaterial?

According to the UK ASA, when it’s the difference between 1860 and 1873 as the confirmed date of a bakery’s founding: “We understood that their competitors were much younger, with the oldest having been founded in 1949 and so Warrens … Continue reading

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The language of consumer reviews

Via Eric Goldman’s roundup, the best thing I’ve seen all day: In a recent study we used computational linguistics to examine a million reviews on the web and found that when people write a 1-star review, they use the language … Continue reading

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Don’t mess with Texas whiskey?

Interesting article about a bourbon whiskey plastered with Texan signifiers, but apparently bottled (rather than distilled) in Texas.  The article makes several interesting advertising law-related claims: (1) sophisticated readers who examined the label in detail would be able to divine … Continue reading

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Personalized sales pitches as "advertising"

Larocca v. Creig Northrop Team, P.C., 94 A.3d 197, No. 0766 (Md. Ct. Spec. App. June 25, 2014) Plaintiffs alleged violations of Maryland’s Secondary Mortgage Loan Law, which governs certain types of mortgage-related false advertising.  The court had to interpret … Continue reading

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John Oliver on native advertising

John Oliver covers topics relevant to advertising law again in this piece on native advertising and the fact that it only works by tricking people. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Reading list: food law

Regent University’s law review had a symposium on food law.  Here are the resulting articles, essentially all about advertising/disclosures: Foreword: Food Law and Its Place at the Legal Academy Michael T. Roberts Defining Natural Foods: The Search for a Natural … Continue reading

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Deceptive whiskey?

The Whiskey Reviewer announces a series evaluating the marketing claims of various whiskeys. What I found quite striking was that the claims of interest were very much centered around “authenticity,” both in production and in narrative: Potemkinism: Does the company run … Continue reading

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UK ASA finds ad for journalistic Free Speech Network misleading

Tragedy or farce?  I’ll take “couldn’t happen in the US” for $500, Alex. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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