| |
 |  |
 |     |  |
|
|
Lustigman to Speak at the American Bar Association's 25th Annual Intellectual Property Law Conference On April 8, 2010, Andrew Lustigman will Speak at the American Bar Association's 25th Annual Intellectual Property Law Conference: "Texting, Toggling, Tagging, Tweeting: Copyright, Trademark and Advertising in New Media" in Arlington, VA . Online and social media are increasingly popular with marketers who want to take advantage of new technology, viral marketing and word of mouth exposure. As these new marketing channels are exploited, new legal concerns arise both from copyright and trademark perspectives.This program will include demonstrations of new technologies and discussion of their impact on copyright law, while also considering the unauthorized use of trademarks on social media sites. For Details on the ABA's 25th Annual Intellectual Property Law Conference, click here.
New IAB/4As Standard Terms Published The Interactive Advertising Bureau and 4As recently published the latest version of their Standard Terms and Conditions for Internet Advertising. What are they, and how can they be used?
Appellate Court Upholds Verdict Against Company President in False Advertising Suit Regarding Fruit Juice A distributor of pure pomegranate juice sued a competitor company and its president under the Lanham Act and California's false advertising and unfair trade practices statutes alleging that ads which claimed their juice was "100%" pure pomegranate juice with "no sugar added" were false, and the defendants knew or should have known that they were not true.
The Truth Is Not Always Enough When it comes to the rules of advertising, many remain confused by the legal doctrine that while a statement can be literally true, it still can be considered false or deceptive. Three advertisers learned recently this lesson the hard way in the last few weeks when the National Advertising Division of the Better Business Bureau (NAD) recommended that certain of their marketing claims, while literally true, should be discontinued.
Proposed Legislation Threatens Legitimate Suppliers and Media Businesses Many marketers may be in favor of the proposed Wall Street Reform and Consumer Protection Act of 2009(H.R. 4173) recently passed by the House in December 2009 and currently before the Senate because the bill seeks to address elements which caused the current financial crisis. Unfortunately, the devil is in the details. The proposed legislation is purportedly intended to provide for financial regulatory reform, to protect consumers and investors, to enhance Federal understanding of insurance issues, to regulate the over-the-counter derivatives markets. However, hidden within the proposed legislation is the "Improvements to the Federal Trade Commission Act" and other provisions that would significantly expand the authority of the Federal Trade Commission (FTC) beyond the massive powers the agency already possesses. These proposed changes will place legitimate marketers, suppliers, and media businesses in an even more precarious position. Indeed, the DMA has gone so far as to call the proposed enhancements "The FTC on steroids."
Please contact us with any questions or comments. Attorney Advertising The views, opinions, statements, analysis and information contained in these materials are those of the individual authors and do not necessarily reflect the views of The Lustigman Firm, P.C. or any of its past, present and future clients. These materials (1) do not constitute legal advice; (2) do not form the basis for the creation of the attorney/client relationship; and (3) should not be relied upon without seeking specific legal advice with respect to the particular facts and current state of the law applicable to any situation requiring legal advice. These materials may only be reproduced with the prior written consent of The Lustigman Firm, P.C. These materials are provided with the understanding that the authors and The Lustigman Firm, P.C. are not rendering legal, accounting, or other professional advice or opinions on specific facts or matters, and, accordingly, such entities assume no liability whatsoever in connection with their use. |
Topics
Copyright, Trademark and Other Intellectual Property Recent UpdatesFebruary 05, 2010 February 04, 2010 February 04, 2010 February 04, 2010 February 04, 2010 Web ResourcesFindLaw |
| The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Copyright © 2010 by The Lustigman Firm, P.C. Attorneys. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. | |
Advertising Law Blog.com provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. This blog is sponsored by 
