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Recent Posts
- court rejects TM owner’s attempt to require full chain of custody for first sale defense, but where is the burden of proof?
- Temu’s “cheaper and way better quality than Shein” claims were potentially falsifiable, not puffery
- Dueling geneologists: photo (c) claims allowed, but not Lanham Act or factual compilation claims
- false advertising’s injury requirement causes reverse passing off claim to fail
- laches, once established, bars Lanham Act claims even during more recent periods
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Category Archives: ftc
FTC wins big in case against light bulb sellers
The FTC’s Business Center Blog has the details, which include a $21 million refund order representing the gross revenues from the advertised products, with no offsets for the benefit consumers actually received. A very strong opinion for the FTC, requiring … Continue reading
FTC goes after advertiser and ad agency for false dramatization
Read all about it. One great feature: the complaint includes the challenged ad! The FTC at least wants us to see for ourselves. http://tushnet.blogspot.com/feeds/posts/default?alt=rss
Blurred lines, part 3
Panel 3: The Way Forward on Transparency: A discussion of best practices Moderator: Mary K. Engle, Associate Director, Division of Advertising Practices, FTC Examples of native ads: “sponsored” story, labeled as such in gray at the top of the headline, … Continue reading
Posted in advertising, disclosures, ftc
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Blurred lines: really part 2 this time
Sorry for earlier posting difficulties. The Lessons of Nauru Bob Garfield, Co-host of On the Media and MediaPost columnist Nauru: was wealthy; phosphate resource from centuries of built up guano was valuable, but only took 50 years to destroy, and … Continue reading
Posted in advertising, disclosures, ftc
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Blurred Lines: Advertising or Content? An FTC Workshop on Native Advertising
Blurred Lines: Advertising or Content? An FTC Workshop on Native Advertising Welcoming Remarks: Edith Ramirez, Chairwoman, FTC Advertising integrated into digital content. Recent survey of online publishers: 73% offer native advertising opportunities and 17% considering. 41% of brands and many … Continue reading
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Is disclosure of recurring charges enough?
At Slate, a story about Boingo raises questions about what other steps a business ought to take to ensure that consumers make informed decisions to keep accepting recurring charges, when we know that many consumers don’t review their bank/credit card statements … Continue reading
Posted in disclosures, ftc, unfairness
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