Winston & Strawn LLP
 
 

Andrew P. Bridges, Partner

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November 20, 2009 Briefing George Clinton’s Use of “Dog” and Panting in Song is Copyrightable Subject Matter
Bridgeport Music, Inc., owner of the publishing rights to George Clinton’s best-known work, “Atomic Dog,” sued UMG Recordings Inc. for copyright infringement.
November 20, 2009 Briefing Court Finds No Copyright Infringement Where Works Lack Similarity in Total Concept and Feel
A children's book was found not to infringe on another work for children. The court found that the total concept and feel of the two works were not substantially similar, and only the non-copyrightable elements of the works were shared.
November 17, 2009 Briefing FTC To Hold First in Series of Privacy Roundtables
The Federal Trade Commission will hold on December 7 the first in a series of roundtables on privacy issues.
November 16, 2009 Briefing Social Networking Web site to Pay $750,000 for Sending Unsolicited and Deceptive Promotional Emails
The New York and Texas State attorneys general entered into settlement agreements with social networking Web site Tagged.com, after the attorneys general concluded that the Web site misappropriated its members’ contact lists and sent out millions of unsolicited and deceptive promotional emails to members’ contacts.
November 13, 2009 Briefing U.K. Law on Prize Competitions receives Clarification
Under the Gambling Act 2005 the organisers of prize competitions in the United Kingdom must be careful to ensure that their promotions do not constitute an illegal lottery. 
November 13, 2009 Briefing Mattress.com Ruled Generic
The Federal Circuit Court of Appeals ruled on Friday that Mattress.com is generic for online retail sales of mattresses, beds, and bedding.
November 11, 2009 Briefing Creating Categories Does Not Destroy CDA Immunity
Thomas Dart, a sheriff in Cook County, Illinois, filed suit against online classified advertiser Craigslist, Inc. in the U.S. District Court for the Northern District of Illinois for creating a public nuisance by facilitating prostitution.
November 11, 2009 Briefing Photographer Retains Rights in Photos Created for Company’s Advertising and Promotional Materials
Learning Curve International is an authorized licensee of the popular “Thomas & Friends” train characters.
November 9, 2009 Briefing Facebook Issues New Policy Regarding Conducting Sweepstakes and Contests
Facebook recently released a revised policy for administering sweepstakes and contests through Facebook.
October 2009 Newsletter Advertising/Promotions Law News
Winston & Strawn's Advertising/Promotions Law News covers topics of interest to the firm's advertising and consumer product company clients in the areas of advertising challenges and litigation, sweepstakes and promotions, privacy and security, and other relevant legal issues.
October 29, 2009 Briefing Refunds Issued for Baby Einstein Purchases
According to recent press reports, Walt Disney Studios Home Entertainment is offering consumers who purchased Baby Einstein videos between June 2004 and September 2009 a refund of $15.99, or else the option to exchange the video for another product.
October 28, 2009 Briefing Puerto Rico Revises Sweepstakes Regulations
On October 27, 2009, Puerto Rico’s Department of Consumer Affairs released new regulations governing the promotion of sweepstakes in Puerto Rico.
October 27, 2009 Briefing FTC Settles With Company Over Biodegradable Claims Since Product Not Normally Composted
The Federal Trade Commission announced a settlement October 22 with a company that makes clothing and other textiles from processed bamboo.
October 21, 2009 Briefing Facebook Settles Privacy Lawsuit for $9.5 Million
Facebook recently settled a class action lawsuit filed in California against its Beacon program.
October 21, 2009 Briefing Use of Celebrity Image in Greeting Card May Violate Publicity Right
Paris Hilton sued Hallmark Cards after a Hallmark birthday card contained a picture of Paris Hilton’s head super-imposed on a cartoon’s body with a caption that read, “Paris’s First Day as a Waitress” and included Hilton’s catch-phrase “That’s hot.” Hilton sued Hallmark for violation of her right of publicity as well as violations of the Lanham Act.
October 20, 2009 Briefing COPPA Settlement for Improper Age Screening Results in $250,000 Civil Penalty
Iconix Brand Group, Inc. owner of the Mudd, Candie's, Bongo and OP brands (brands with wide appeal to children), settled on October 20, 2009 with the Federal Trade Commission over its information collection practices on many of its brand-specific sites.
October 13, 2009 Briefing Class Action Filed for Invalid Instant Win Codes in Sweepstakes
A class action lawsuit was filed against a major alcoholic beverage manufacturer alleging that some instant win game codes distributed in connection with the “Silver Ticket Sweepstakes” were invalid.
October 13, 2009 Briefing RE/MAX International Wins Trademark Infringement Suit
RE/MAX International, Inc. brought a trademark infringement suit against Trend Setter Realty, LLC, for use of “red-over-white-over-blue horizontal bar design” in connection with real estate services.
October 7, 2009 Briefing FTC Announces Final Update To Endorsement and Testimonial Guides
The Federal Trade Commission adopted final changes to the Guides Concerning the Use of Endorsements and Testimonials in Advertising.
October 7, 2009 Briefing FTC Enters Into Final Consent Agreement Regarding Product Claims
The FTC entered a final consent agreement with Constellation Brands concerning the FTC’s charges that ads for Wide Eye caffeinated schnapps were deceptive. 
September 24, 2009 Newsletter Advertising/Promotions Law News
Winston & Strawn's Advertising/Promotions Law News covers topics of interest to the firm's advertising and consumer product company clients in the areas of advertising challenges and litigation, sweepstakes and promotions, privacy and security, and other relevant legal issues.
September 24, 2009 Briefing Winston Wins Victory for Veoh Against Universal Music Group in Copyright Infringement Lawsuit
A federal court recently affirmed that Veoh Networks, an online video Web site, qualified for safe harbor protection under the Digital Millennium Copyright Act.
September 24, 2009 Briefing Florida Attorney General Sues For Failing to Send Rebate Checks On Time
The Florida Attorney General sued Tigerdirect, Inc. for deceptive trade practices with respect to Tigerdirect's advertisements for its mail-in rebates.
September 24, 2009 Briefing CARU Finds Sweepstakes Disclosures Not Clear and Understandable to Children
The Children's Advertising Review Unit reviewed advertising for Mrs. Butterworth's Syrup that aired during children's programming.
September 24, 2009 Briefing Joint Policy Committee Issues Advice Regarding Union Demands Over Payments on Unauthorized Uploads to Web Sites
Recently, the Screen Actors Guild and the American Federation of Television and Radio Artists have been demanding that advertising agencies remit payments to performers and to pension and health funds for videos that have been uploaded to video sharing Web sites, such as You Tube, without the advertising agency or producer's permission.
September 24, 2009 Briefing NAD Recommends That Company Modify "Green" Claims Regarding its Computers
Following a challenge, the National Advertising Division reviewed certain "green" claims touted by Apple regarding its MacBook laptop computers. Specifically, NAD examined the express claim, "The New MacBooks.
September 24, 2009 Briefing Court Finds Browsewrap Agreement Unenforceable
The U.S. District Court for the Eastern District of New York held that Overstock.com's terms and conditions were not enforceable against its customers who did not actually read the terms.
September 24, 2009 Briefing Twitter Amends Terms in an Attempt to Address User Ownership Issues
Twitter recently amended its Web site terms of use to emphasize that users own their own postings.
September 24, 2009 Briefing Site Vicariously Liable for Infringing Content Created by its Web Developer
A janitorial supply corporation, Master Maintenance, hired a third party Web developer, West Central Ohio Internet Link, Ltd., to redesign its Web site.
September 24, 2009 Briefing ISPs Found Liable for Contributory Trademark and Copyright Infringement
A unanimous jury in the U.S. District Court for the Northern District of California found that two ISPs committed contributory trademark infringement and copyright infringement against Louis Vuitton Malettier S.A. for failing to block Web sites offering counterfeit Louis Vuitton merchandise.
September 24, 2009 Briefing Blog Post Generically Describing Patient Experience Did Not Violate Privacy Policy
A Kentucky court recently ruled that a nursing student's blog post about a patient giving birth did not violate the school's policies, which prohibit students from disclosing confidential information, including medical information about patients.
September 24, 2009 Briefing Missouri Enacts Data Breach Notification Law
Effective August 28, 2009, businesses in Missouri are now required to notify Missouri residents if their unencrypted personal information is breached when a risk of harm is present.
September 16, 2009 Newsletter Privacy and Technology Bulletin
Winston & Strawn's quarterly Privacy and Technology Bulletin provides summaries and tips on recent legal developments in the areas of Web site, workplace, health care and financial privacy, data security, software and technology, and privacy issues that arise in interactive company-to-consumer communications.
August 24, 2009 Briefing New York Attorney General Challenges "Free Gas" Promotion
New York Attorney General Andrew Cuomo sued a Florida marketing company for use of allegedly deceptive "free gas" card program.
August 24, 2009 Briefing Established Business Relationship Exception to Prohibition on Pre-recorded Telemarketing Calls Ends August 31
An amendment to the Telemarketing Sales Rule, which was passed last year by the Federal Trade Commission takes effect on September 1, 2009.
August 24, 2009 Briefing Linking From a Kid’s Website to a Non-Compliant Website Is a Violation of CARU Guidelines
The Children’s Advertising Review Unit (CARU) recently found that Kidz Bop LLC violated the CARU Guidelines when it contained a link on the Kidz Bop website to a website which allowed the collection of personally identifiable information from children without fully complying with CARU guidelines.
August 24, 2009 Briefing Harpo Inc. Sues Internet Marketers for Use of Oprah’s Name Without Permission
In 2008, Oprah hosted Dr. Mehmet Oz, the director of the Cardiovascular Institute and a surgery professor at Columbia University. While on the show, Oz discussed the anti-aging properties of acai berries.
August 24, 2009 Briefing FTC Settles Case Over "Made In The USA" Claims
The FTC recently settled a case against Enhanced Vision for making "made in the U.S.A." claims about its desktop and portable video magnifiers.
August 24, 2009 Briefing NAD Finds "Unbeatable Price" Claims Are Permitted If Based On Low Price Guarantee
In June 2009, the NAD reviewed Wal-Mart’s use of "unbeatable prices" in conjunction with its price matching policy. Specifically, Wal-Mart was making the claim "Unbeatable Prices" along with the disclosure "We’ll match the price of any local competitor’s printed ad for an identical product.
August 24, 2009 Briefing Weight Loss Website Required To Disclose Its Relationship To Products Featured In Its Reviews
The Electronic Retailing Self-Regulation Program reviewed Urban Nutrition’s website in response to a challenge from its competitors. The website claimed to be an unbiased, independent resource for consumers regarding weight loss and diet products.
August 24, 2009 Briefing Deceptive Packaging Lawsuits Against Cereal Manufacturers Do Not Bear "Froot"
Two class action lawsuits claiming that breakfast cereal packaging was deceptive under California false advertising and deceptive practices law were rejected recently. In Videtto v. Kellogg USA, the federal district court in Sacramento ruled that a reasonable consumer would not be deceived into believing that fruit was contained in "Fruit Loops" cereal.
August 24, 2009 Briefing Use of Copyrighted Images in Biographical Work of Artist Is Fair Use
In a recent decision, a district court found that the use of cover images from Warren Publishing’s monster magazines in a biographical book about the life of the images’ artist, Basil Gogos, was "fair use" of the images and not an infringement.
August 24, 2009 Briefing Maine Kid’s Privacy Law Takes Effect September 12
As we have previously reported, the Maine governor signed a new law that: (1) puts an absolute prohibition on using personal information of a minor to market to the minor or to promote any course of action regarding a product to a minor — whether parental permission has been obtained or not and whether you know the person’s age or not; and (2) prohibits knowingly collecting personal information from children in Maine under 18 for "marketing purposes," without first obtaining parental consent.
August 24, 2009 Briefing Class Action Settlement Reached Over Sale of Customers’ Personal Information
According to a complaint filed against Time Warner Entertainment Co. in 1998, the company had sold the personal information of over 7 million customers — which information included the customers’ social security numbers and drivers’ license numbers — to third parties including telemarketers, direct marketing companies, and Time Warner affiliates and divisions.
July 20, 2009 Briefing CARU Recommends Modification to Disney's Sweepstakes Advertisement
The Children's Advertising Review Unit challenged a television ad for Disney's "My Movie Rewards." In the commercial, a voiceover stated that codes were found inside DVDs and later stated that every eligible code yields an entry into the million dollar sweepstakes.
June 20, 2009 Briefing NY AG Takes Action Over Fake Blog Postings
The New York Attorney General recently settled with Lifestyle Lift, a cosmetic surgery franchise, over allegations that Lifestyle posted fake customer reviews of its services on its blog and other Web sites.
July 20, 2009 Briefing ".cm" Domain Landrush Period Opens Putting Brands at Risk
".cm" is the country code top level domain assigned to Cameroon. It is significant to brand owners because Internet users searching for brand owners' Web sites frequently mistype ".com" as ".cm.
July 20, 2009 Briefing Possession of Copyrighted Work Not an Inference of Infringement
The Sixth Circuit has held that access to an allegedly infringed copyrighted work is not necessarily established where the only evidence of access is mere receipt of the allegedly infringed work by an employee of the company linked to the defendant.
July 20, 2009 Briefing Retailer Held Responsible for Claims of Product Manufacturer
The national pharmacy chain Rite Aid has agreed to pay $500,000 to settle charges from the FTC that it engaged in deceptive advertising for the "Germ Defense" tablets it sold at its various retail stores.
July 20, 2009 Briefing Use of "Uncleared" Prop Not a Copyright Infringement
Gottlieb Development LLC sued Paramount Pictures for copyright infringement, among other claims for Paramount's unauthorized use of the "Silver Slugger" pinball machine.
July 20, 2009 Briefing CDA Shields Site Because It Did Not Require User to Provide Information
Plaintiff sued MySpace in state court on behalf of her daughter, who was assaulted by a sexual predator she met on the social network.
July 20, 2009 Briefing User That Did Not See Site Terms May Still be Bound
Plaintiff sued Expedia in the Eastern District of Missouri despite a provision in Expedia's terms and conditions stipulating that all disputes be brought in the courts of Kings County, Washington. In order to book travel through Expedia, a user must either create an account or log in as a guest.
July 20, 2009 Briefing CDA Defense Not Available Against FTC Claims of Unfair Practices
According to the FTC, Accusearch Inc. had engaged in an unfair practice when it sold information contained in telephone records.
July 20, 2009 Briefing EU Working Group Indicates Social Networks and Some Users Must Comply with EU Privacy Laws
Under the EU Data Privacy Directive, a working group was set up to examine the impact of the directive on the protection of individuals with regard to the processing of their personal data.
June 29, 2009 Newsletter Advertising/Promotions Law News
Winston & Strawn's Advertising/Promotions Law News covers topics of interest to the firm's advertising and consumer product company clients in the areas of advertising challenges and litigation, sweepstakes and promotions, privacy and security, and other relevant legal issues.
June 29, 2009 Briefing Court Considers Liability Under CAN-SPAM for Emails Sent by Affiliates
The United States brought suit under CAN-SPAM against Impulse Media Groupfor emails sent by its affiliates. Impulse operated an affiliate program named "SoulCash" in which affiliates earned money every time they referred a customer who subscribed to one of Impulse's Web sites.
June 29, 2009 Briefing Point Certificates Held Not Gift Cards
The United States Court of Appeal for the 9th Circuit recently reversed a lower court decision in Reynolds v. Philip Morris USA Inc., which held that California's gift certificate law applies to on-pack proofs of purchase issued by Philip Morris in connection with its Marlboro Miles loyalty program.
June 29, 2009 Briefing Lawsuit over Allegedly False Savings Claim
Expedia recently filed a lawsuit against Priceline, a competing online travel provider, alleging that Priceline is engaging in a misleading advertising campaign in which it falsely claims that consumers can save "half off" hotel prices compared to Expedia.
June 29, 2009 Briefing Limited Time Remains to Protect Trademark by Registering ".cm" Domain Name
".cm" is the country code top level domain assigned to Cameroon. It is significant to brand owners because Internet users searching for brand owners' Web sites frequently mistype ".com" as ".cm." For example, "google.cm" receives approximately 20,000 hits per day.
June 29, 2009 Briefing Twittersquatting Generates Cybersquatting Lawsuit
When Anthony La Russa, manager of the St. Louis Cardinals, learned that an unknown Twitter user created an account at twitter.com/TonyLaRussa and pretended to post updates as La Russa, he filed suit against the unknown user and Twitter in the Superior Court of San Francisco, alleging trademark infringement and dilution, cybersquatting, and misappropriation of name and likeness.
June 29, 2009 Briefing FTC Settles Charges of False Biodegradeable Claims
The FTC recently settled charges against retailers Kmart Corporation and Tender Corporation for making biodegradable, or environmentally beneficial claims about each companies respective products and product packaging.
June 29, 2009 Briefing The National Advertising Division Recommends Limiting of Advertiser's Taste Preference Claims
The National Advertising Division of the Council of Better Business Bureaus recently reviewed Domino's Pizza's advertising for its "oven baked" sandwiches following a challenge from Subway.
June 29, 2009 Briefing Resfusal to Honor Sales Prices Brings Action
Albertsons and the Florida AG recently reached an agreement regarding the AG's allegations that Albertsons refused to honor sales prices printed in the grocery retailer's weekly flyer.
June 29, 2009 Briefing Web Site Terms and Conditions Found Unenforceable Where It Containted Unilateral Right to Modify
Blockbuster operates an online service where consumers can rent videos online, and, through a contract Blockbuster has with Facebook, consumers' movie rental choices will then be placed on the consumers' Facebook pages.
June 29, 2009 Briefing FTC Brings Action over Online Tracking Application
The Federal Trade Commission recently settled with a major U.S. retailer over claims that company engaged in unfair and deceptive practices by asking consumers to download an online tracking application without accurately disclosing what information would be collected by the application, and how such information would be used.
June 29, 2009 Briefing New Breach Notification Laws in South Carolina and Alaska, Revised in Maine
Two data breach notification laws are to go into effect on July 1 in South Carolina and Alaska, and are very similar to the existing laws in other jurisdictions.
June 29, 2009 Briefing Nevada to Require Companies to Encrypt Data on Mobile Devices
Under existing Nevada law, companies must encrypt personal information that contains financial data or social security numbers when transferring that data outside of the company.
June 29, 2009 Briefing Nutter Settles with FTC over Data Security Allegations
The FTC recently settled with B. Nutter & Company, a company that provides single-family mortgage loans, regarding the FTC's claims that B. Nutter failed to properly safeguard and secure consumer personal information in violation of the FTC's Safeguards Rule and Privacy Rule.
June 16, 2009 Newsletter Privacy and Technology Bulletin
Winston & Strawn's quarterly Privacy and Technology Bulletin provides summaries and tips on recent legal developments in the areas of Web site, workplace, health care and financial privacy, data security, software and technology, and privacy issues that arise in interactive company-to-consumer communications.
June 10, 2009 Briefing Only Three Days Remain to Protect Your Trademark on Facebook
Facebook announced that beginning at 12:01 a.m. (Eastern) on Saturday, June 13, 2009, it is estimated that 200 million users will be able to select "usernames," which are Facebook Web addresses consisting of their trademark, brand name, or personal name.
May 26, 2009 Newsletter Advertising/Promotions Law News
Winston & Strawn's Advertising/Promotions Law News covers topics of interest to the firm's advertising and consumer product company clients in the areas of advertising challenges and litigation, sweepstakes and promotions, privacy and security, and other relevant legal issues.
April 22, 2009 Newsletter Advertising/Promotions Law News
Winston & Strawn's Advertising/Promotions Law News covers topics of interest to the firm's advertising and consumer product company clients in the areas of advertising challenges and litigation, sweepstakes and promotions, privacy and security, and other relevant legal issues.
April 22, 2009 Briefing Company Subject to Writer's Union Received Objection Regarding User-Generated Content
The Writers Guild of America (WGA) has objected to a television network's request for story ideas from mothers for its new sitcom, claiming that it violates the network's contract with the guild. ABC created a new sitcom that was based on an online video series that featured brief vignettes about funny, stressed-out moms, which were inspired by stories submitted by viewers via an online forum.
April 22, 2009 Briefing FTC Settles With Major Packaged Food Manufacturer for Charges of False and Misleading Cereal Ads
The FTC recently settled charges against a major packaged food manufacturer, alleging that its cereal advertising was false and misleading.
April 22, 2008 Briefing Court Finds "#1 Bridal Show" Claim Is Puffery
A claim that a wedding showcase is "Houston's #1 Bridal Show" is puffery, and not a claim that would require substantiation, according to a recent decision by a federal court in Texas.
April 22, 2009 Briefing Lawsuit Filed Over "Green" Seal Of Approval
S.C. Johnson & Son, Inc. was recently sued for its use of a seal of approval on the front of its Windex product that states "Greenlist" and includes leaves on the label. Additionally, the packaging states that "Greenlist is a rating system that promotes the use of environmentally responsible ingredients."
April 22, 2009 Briefing Court Finds 30-Second Song Previews are Not a Fair Use
In order to provide cell phone users with a 30-second song clip they can listen to before purchasing a ringtone, AT&T sought a public performance license from the American Society of Composers, Authors and Publishers for a number of the songs used in its previews.
April 22, 2009 Briefing Insurance Policy's "Advertising Injury" Clause Found to Apply to a Claim of Trademark Infringement
The Minnesota Supreme Court recently held that an insurance policy containing coverage for an "advertising injury" or "infringement of a title" applies to a claim of trademark infringement. he owner of the "Hobbit Travel" travel agency was sued by the administrator of the rights to J.R.R. Tolkien's The Hobbit and The Lord of the Rings trademarks for its use of the "Hobbit" designation.
April 22, 2009 Briefing Bayer Settlement Agreement Requires Corrective Advertising Campaign
The California Attorney General recently reached a settlement agreement with Bayer regarding the AG's claims that Bayer engaged in deceptive advertising for YAZ. The AG alleged that Bayer made claims about its product that were not FDA approved, in violation of a previous agreement that prohibited Bayer from making false or misleading claims about its products sold in the United States.
April 22, 2009 Briefing Venue Selection Clause Struck by Court Due to "of" Language
The California Appellate Court recently struck the venue selection clause which attempted to elect venue in federal courts in Virginia via America Online's membership contract. AOL's clause contained a choice of law provision designating Virginia courts by stating the "courts of Virginia".
April 22, 2009 Briefing The Second Circuit Finds that Google's Keyword Sales May Be "Use in Commerce"
The Second Circuit Court of Appeals recently held that Google's keyword ad practices constituted a "use in commerce" for purposes of trademark law.
April 22, 2009 Briefing Telemarketer Penalized for Failure to Determine Source of Data Leads
VICI Marketing LLC, a telemarketing company, obtains customer contact data from third-party data brokers. According to the terms of a recent settlement the company reached with the Florida attorney general, VICI will now conduct due diligence when obtaining data from third parties and before using such data for telemarketing purposes.
April 22, 2009 Briefing Creditors Must Have ID Theft Measures in Place by May 1
Companies that fall under the Red Flag Rules' definition of "creditor" must have a plan in place by May 1 that outlines how the companies protect consumer data from identity theft.
March 25, 2009 Newsletter Advertising/Promotions Law News
Winston & Strawn's Advertising/Promotions Law News covers topics of interest to the firm's advertising and consumer product company clients in the areas of advertising challenges and litigation, sweepstakes and promotions, privacy and security, and other relevant legal issues.
March 25, 2009 Briefing New York Attorney General Takes Action for Rebate Promotion That Awarded Prepaid Cards Instead of Cash
AT&T Mobility agreed to pay more than $2.63 million to consumers as part of its agreement with the New York Attorney General over AT&T's rebate offers for cellular phones and wireless services.
March 25, 2009 Briefing Appellate Court Holds That Web Site Not Gambling Where Bets Were Non-Binding
A state appellate court in Washington held that Betcha.com, an Internet betting exchange, was not in violation of the Washington State Gambling Act by providing a forum for person-to-person social wagering.
March 25, 2009 Briefing Web Site Host That Solicited Allegedly Defamatory Comments May Lose CDA Immunity
A state appellate court recently found that the specific solicitation of potentially defamatory content and the intermingling of third-party content with one's own comments may remove a Web site host or user from immunity under the Communications and Decency Act.
March 25, 2009 Briefing Court Allows Jackson Browne's Claims to Proceed For Use of Song in Commercial
Last month, a federal court denied Sen. John McCain and the Republican National Committee’s (RNC) motion to dismiss a lawsuit filed by Jackson Browne.
March 25, 2009 Briefing Domain Name Dispute Procedure Not Proper Way To Resolve Copyright Infringement Claim
A Uniform Domain Name Dispute Resolution Policy Panel denied Viacom International, Inc. relief in its complaint over the domain name stansdad.com. The UDRP is an alternative dispute resolution mechanism designed to resolve domain name disputes in a quick and cost-effective manner.
March 25, 2009 Briefing FTC Allows Manufacturers To Provide Warranty Terms or Electronic Devices
A recent FTC staff opinion addressed whether it is possible for a manufacturer of electronic devices to comply with the Magnuson-Moss Warranty Act by providing warranty terms electronically on a warranted device.
March 25, 2009 Briefing Advertisers That Failed to Comply With NAD Decision Referred to The FTC
The National Advertising Division has asked the Federal Trade Commission to investigate Mead Johnson’s advertising for its infant formula.
March 25, 2009 Briefing Non-Famous and Non-Distinctive Trademarks Not Protected Under the Federal Cybersquatting Act
A court ruled that a plaintiff, Philbrick's Sports, could not assert a claim under the Anticybersquatting Consumer Protection Act against eNom, Inc. for holding domain names similar to Philbrick's trademark, because the ACPA only protects famous and distinctive trademarks.
March 25, 2009 Briefing Court Holds Online Retailers Not Required To Comply with FACT Act's Prohibition on the Printing of Credit Card Expiration Dates On Receipts
An individual sued online retailer Zazzle when the company displayed credit card expiration dates on its on-screen payment confirmation pages.
March 19, 2009 Newsletter Privacy and Technology Bulletin
Winston & Strawn's quarterly Privacy and Technology Bulletin provides summaries and tips on recent legal developments in the areas of Web site, workplace, healthcare and financial privacy, data security, software and technology, and privacy issues that arise in interactive company-to-consumer communications.
February 23, 2009 Newsletter Advertising/Promotions Law News
Winston & Strawn's Advertising/Promotions Law News covers topics of interest to the firm's advertising and consumer product company clients in the areas of advertising challenges and litigation, sweepstakes and promotions, privacy and security, and other relevant legal issues.
February 23, 2009 Briefing Promotion Open Only to Females Determined Not Discriminatory
In 2006, Dr. Michael Cohen filed suit against the California Angels for claiming age and sex discrimination based on an Angels' Mother's Day promotion whereby all females 18 years of age and older attending the baseball game at Angeles Stadium received a free Angels tote bag.
February 23, 2009 Briefing FTC Announces Do-Not-Call Settlements For Use of Numbers Obtained Via Sweepstakes, Free, and Other Promotional Offers
The FTC has settled two do-not-call cases with the time share providers Westgate Resorts, Ltd. (and related entities) and All in One Vacation Club, LLC (and related entities), with civil penalties from the two companies totaling $1.2 million.
February 23, 2009 Briefing FTC Settles with Advertisers Over "Free" Offers
The FTC reached a settlement with two companies, Complete Weightloss Center, Inc. and JAB Ventures, LLC, that marketed weight-loss products online. Complete Weightloss urged consumers to buy the products through a series of online ads that offered "free" trials, such as "Click Here to try it Absolutely FREE*" with the asterisk referring consumers to the small disclosure:
February 23, 2009 Briefing Iowa Court Rules on Uncashed Rebate Check Escheat Issue
An Iowa District Court denied the Summary Judgment Motions filed by a major pharmacy retailer and major wireless carriers against the State of Iowa who was seeking to have such parties declared "holders" of unclaimed property (uncashed rebate checks), which was allegedly not reported and transmitted to the state as required under state escheat laws.
February 23, 2009 Briefing FTC Charges Company With Failing to Live Up To Rebate Promises
An Indiana-based reseller of computer-related hardware and other electronics equipment, which distributed its products through numerous national retailers, offered many mail-in rebates ranging in value from $20 to $150.
February 23, 2009 Briefing FTC Report Recommends Self-Regulation for Behavioral Advertising
In December 2007 the FTC sought comment on proposed behavioral advertising principles, which would have required companies to give consumers a choice as to whether information they submitted online was used for behavioral advertising purposes.
February 23, 2009 Briefing NAD Holds Use of "Superior" Not a Comparative Claim in the Context Used
"Superior Gray Coverage" was used on a package of L'Oreal Excellence Crème. Procter & Gamble Company challenged the claim in front of the NAD, arguing that it was a superiority claim against all other hair coloring products.
February 23, 2009 Briefing Electronics Retailer Criticized for Paying Consumers to Write Favorable Reviews
In what it alleges was a random and unauthorized incident, an online advertising representative for a major electronics retailer was found to be offering to pay consumers to post favorable reviews on sales sites such as Amazon.com.
February 23, 2009 Briefing Warcraft Bot Violates DMCA Anti-Circumvention Provisions Even Without Copyright Infringement
An Arizona judge recently ruled that a bot engineered to avoid detection by the World of Warcraft anti-bot detection mechanisms violated sections 1201(a)(2) and 1201(b)(1) of the Digital Millennium Copyright Act.
February 23, 2009 Briefing Company President Personally Liable for Company's Purchase of Counterfeit Software
The president of Ram Distribution LLC, was recently sued for vicarious and contributory copyright and trademark infringement when he purchased counterfeit software through the secondary market. The software owner alerted Mr. Boldin of the infringement, however he continued to purchase the cut-rate software which resulted in the software owner suing Ram Distribution and Mr. Boldin for trademark and copyright infringement.
February 23, 2009 Briefing MMA Revises Mobile Advertising Self-Regulatory Standards
The Mobile Marketing Association, a self-regulatory group that provides guidelines for its members—and others—in how to engage in responsible mobile advertising, updated its mobile advertising guidelines in January.
February 23, 2009 Briefing Online Computer Retailer Agrees to Settle FTC Data Breach Allegations
An online computer retailer has agreed to refrain from making deceptive privacy and data security promises and to implement and maintain a comprehensive data security program to safeguard consumers' personal information under a proposed agreement and consent order with the FTC.
February 23, 2009 Briefing Massachusetts Delays Encryption Requirement
As we reported in October, Massachusetts recently amended its data protection law to require companies to both encrypt data when sending it electronically and to put in place a written data security program.
January 30, 2009 Newsletter Advertising/Promotions Law News
Winston & Strawn's Advertising/Promotions Law News covers topics of interest to the firm's advertising and consumer product company clients in the areas of advertising challenges and litigation, sweepstakes and promotions, privacy and security, and other relevant legal issues.
January 30, 2009 Briefing Video Sharing Service Not Liable for Material Uploaded to the Web Site by Third Parties
The District Court for the Northern District of California held that Defendant Veoh, a video sharing service similar to YouTube, was protected by "safe harbors" under the Digital Millennium Copyright Act and not liable for copyright infringement for material uploaded to its Web site.
January 30, 2009 Briefing Pre-Paid Account Allegedly Subject to State Gift Card Laws
Skype was recently sued for violating the State of Washington gift card laws. In particular, the class action complaint alleges that Skype's "Stored Value Accounts" constitute gift cards under the Washington law, inasmuch as a customer establishes such an account by paying Skype a specific amount, and then Skype deducts from that account for any charges the customer accrues.
January 30, 2009 Briefing SMS Short Code Patent Asserted
Lawyers for TeleCommunication Systems Inc. recently sent letters to mobile marketing firms and SMS aggregators alleging infringement of a short code patent. Interestingly, the lawyers for TCS are the same lawyers for the owner of the Cairns patent, which has become well known in the promotional law community.
January 30, 2009 Briefing Court Rules Texas Hold 'Em Poker Is a Game of Skill Under State Gambling Law
A trial judge in Pennsylvania dismissed criminal gambling charges against the operator of a poker room, holding that Texas Hold 'em is a game of skill. The poker operator had set up poker tables in a garage.
January 30, 2009 Briefing FDA Warns That Soft Drink Is Misbranded
Last month, the Food and Drug Administration (FDA) sent a warning letter to Coca-Cola for the labeling of its Diet Coke Plus soft drink. The FDA warned that it believed Coca-Cola's use of "Diet Coke Plus" in conjunction with "Diet Coke with Vitamins & Minerals" was a nutrient content claim.
January 30, 2009 Briefing Retailer Charged With Not Selling at Lowest Advertised Price
One of the largest fast food retailers agreed to pay $645,000 in connection with its advertising that offered any sandwich for $5. Sonoma County District Attorney's office investigated Subway, and alleged that its advertising was misleading because it failed to disclose a number of restrictions to the $5 offer meal deal, and that various franchises were overcharging consumers for the sandwich that was purchased in combination with the offer.
January 30, 2009 Briefing Consumer Products Safety Commission Clarifies Law
Effective February 10, 2009, the Consumer Product Safety Improvement Act of 2008 (CPSIA) makes the existing standard for toy safety a mandatory consumer product safety standard, and requires certain products to be tested by an accredited third-party laboratory.
January 30, 2009 Briefing Search Engines That Provided Editorial Guidelines Still Immune for Third Party Content Under CDA
Internet search engines were found to be immune from liability for advertisements purchased by illegal gambling Web sites under Section 230 of the Communications Decency Act.
January 30, 2009 Briefing Online Social Network Accused of Deceptive E-mail Marketing
A class action lawsuit was filed against online social network Classmates.com for allegedly wrongfully inducing individuals to become paid members of the network through a deceptive e-mail marketing campaign.
January 30, 2009 Briefing No Trademark Infringement Likely Where Weak Trademark Was Used in Close Conjunction to Strong Brand
Tastemakers Media conducted events and parties aimed at people who "wish to engage in a luxury lifestyle" and from 1998-2002 published a "nightlife guide." In 1999, Tastemakers filed trademark applications for a stylized version of "Tastemakers NYC" and the word "Tastemakers."
January 30, 2009 Briefing California Court Finds Zip Code Is Not "Personal Information"
California’s Song-Beverly Credit Card Act prohibits retailers from requesting or requiring, as a condition of accepting a credit card payment, "personal identification information" of a cardholder that does not appear on the credit card itself.
January 30, 2009 Briefing Task Force That Includes Leading Social Networks Issues Final Report
As we reported in January 2008, 49 states reached a settlement with MySpace regarding protection of children on the Internet. As part of the settlement, MySpace agreed to lead a task force of online social networks and states attorneys general which would study safety of children in social networking Web sites and develop guidelines and mechanisms for keeping children safe in such environments
January 30, 2009 Briefing New Jersey Seeking Comments to Revised Computer Security Rules
Under New Jersey's Identity Theft Prevention Act, companies are required to notify individuals in the event of a data breach, must securely destroy certain types of data, and are limited in use of Social Security Numbers.
December 17, 2008 Newsletter Advertising/Promotions Law News
Winston & Strawn's Advertising/Promotions Law News covers topics of interest to the firm's advertising and consumer product company clients in the areas of advertising challenges and litigation, sweepstakes and promotions, privacy and security, and other relevant legal issues.
December 17, 2008 Briefing Radio Station Ordered to Pay Contest Prize
WDWG conducted the Colgate country showdown singing contest, which was a qualifying event of a larger national competition. A radio station employee incorrectly awarded the prize to the wrong person.
December 17, 2008 Briefing Type Size Used on Gift Card Terms and Conditions May Be Deceptive Under New York Law
Simon Property Group issues Visa branded gift cards in its New York malls. On the reverse of the card, it states, "An administrative fee of $2.50 per month will be deducted from your balance beginning with the seventh month from the month of card purchase."
December 17, 2008 Briefing Federal Trade Commission Proposes Revisions to the Guides Concerning the Use of Endorsements and Testimonials in Advertising
On November 21, 2008 the Federal Trade Commission published its Notice of Proposed Changes to the Guides Concerning the Use of Endorsements and Testimonials in Advertising. The proposed changes are subject to comment until January 30, 2009, and any changes are likely to be finalized by Spring 2009.
December 17, 2008 Briefing Federal Court Holds; SAG Must Arbitrate P&W Disputes
The Joint Policy Committee of the AAAA-ANA seems to have won the final battle against the Screen Actors Guild and its Pension and Health Plans in their ongoing attempt to unilaterally determine whether the percentage allocated between covered and non-covered services in a talent agreement is appropriate.
December 17, 2008 Briefing NAD Determines That "Green" Advertising Should be Discontinued
GP Plastics of Dallas, manufacturer of PolyGreen plastic newspaper bags that The New York Times had planned to switch to next year, advertised its bags as "environmentally friendly," as well as promising a "green tomorrow" and "saving the planet."
December 17, 2008 Briefing Celebrity's Loan-Out Company Fails to Provide Shelter From Personal Liability
Actress Charlize Theron's production company signed an agreement with watchmaker Raymond Weil to promote its "Shine" watch collection. In her endorsement agreement, Theron agreed to wear the Raymond Weil watches exclusively.
December 17, 2008 Briefing California Court Finds Use of Celebrity's Name in Press Release Is Actionable
A major mobile phone service provider issued an advertising/promotional article styled as a “press release” which compared the release of its new product to famous war hero and test pilot Charles "Chuck" Yeager's breaking of the sound barrier, without Yeager's permission.
December 17, 2008 Briefing Ninth Circuit Protects a Video Game's Use of a Location Name as Free Speech
The Ninth Circuit held that the use of a location name in a video game was a form of protected free speech. In its recent game, Grand Theft Auto: San Andreas, Rockstar Games created a strip club named "The Pig Pen," in an area that was supposedly representative of East Los Angeles.
December 17, 2008 Briefing French Court Finds Clauses in Internet Marketplace Web Site Terms of Use 'Illicit or Abusive'
In an October 28, 2008 judgment, the Paris Court of First Instance ruled that 18 clauses in Amazon.fr's terms and conditions were "illicit or abusive." The "illicit or abusive" clauses were found throughout the terms and conditions, including in the general sales conditions, the conditions for the protection of private data, and conditions for participation in Market Place Amazon.
December 17, 2008 Briefing Ad Accused of Marketing Alcohol to Children
The Australian Drug Foundation has accused Dominos Pizza of marketing alcohol to children for an Australia advertising campaign advertising a pizza containing barbeque sauce labeled by a bourbon maker.
December 17, 2008 Briefing FTC Announces $1 Million COPPA Settlement
On December 11, 2008 the FTC announced that it had settled a COPPA complaint brought against Sony BMG Music Entertainment. In its complaint, the FTC had alleged that Sony BMG was not obtaining parental consent prior to collecting (online) personally identifiable information from children under the age of 13.
December 17, 2008 Briefing ISPs Sued for Monitoring Computer Use for Advertising Purposes
A class action lawsuit was recently filed in California against NebuAd Inc. and six Internet service providers for allegedly failing to provide adequate notice and opt-in opportunities before disclosing sensitive and personally identifying information through the use of deep packet inspection.
December 17, 2008 Briefing Federal Agency Issues Recommended Guidelines on Data Security for Cell Phones, PDAs
The National Institute of Standards and Technology (NIST), a non-regulatory federal agency within the U.S. Department of Commerce, recently issued new security guidelines to businesses and other federal agencies to address data security and privacy issues associated with mobile devices used by their employees.
December 17, 2008 Briefing Texas Attorney General Rejects TD Ameritrade Data Breach Settlement as Violating the Class Action Fairness Ac
This month, the Texas Attorney General's office sent a letter to the judge in a class action litigation involving the data breach of over six million customers of TD Ameritrade.
December 11, 2008 Newsletter Privacy and Technology Bulletin
Winston & Strawn's quarterly Privacy and Technology Bulletin provides summaries and tips on recent legal developments in the areas of Web site, workplace, healthcare and financial privacy, data security, software and technology, and privacy issues that arise in interactive company-to-consumer communications.
October 24, 2008 Briefing Proposed Final Rule: Consideration of Aircraft Impacts for New Nuclear Power Reactors
On Oct. 15, 2008, NRC staff sent a draft of final rule, SECY-08-0152, “Consideration of Aircraft Impacts for New Nuclear Power Reactors,” to the Commission for approval. The rule would amend 10 C.F.R. Parts 50 and 52 to require nuclear power plant designers to evaluate design features and functional capabilities that could avoid or mitigate, to the extent practical and with reduced reliance on operator actions, the effects of a commercial aircraft impact.
October 24, 2008 Newsletter Advertising/Promotions Law News
Winston & Strawn's Advertising/Promotions Law News covers topics of interest to the firm's advertising and consumer product company clients in the areas of advertising challenges and litigation, sweepstakes and promotions, privacy and security, and other relevant legal issues.
October 24, 2008 Briefing Advertisers Pay $7 Million Settlement for Unsolicited Marketing of Text Messages
The Timberland Company and GSI Commerce, Inc. agreed to pay a $7 million settlement agreement for sending thousands of unsolicited text messages to consumers marketing upcoming sales. A class action was brought against the two entities alleging that the text messages sent were unsolicited, in violation of the Telephone Consumer Protection Act.
October 24, 2008 Briefing Forum-Selection Clause Available Only Online Found Enforceable
The Pentecostal Temple Church filed suit against its Internet services and technology provider Multicast Media Technologies, Inc. for breach of contract in the District Court for the Western District of Pennsylvania.
October 24, 2008 Briefing National Advertising Division Implements Changes to Speed Up Decision Process
The National Advertising Division (NAD) has revised its challenge process to make it faster for advertisers and challengers to obtain NAD decisions. The NAD will now only allow its attorneys to grant extensions for three days.
October 24, 2008 Briefing TV Show Can Be Considered Advertising for Purposes of Right of Publicity
In 2005 the National Football League made a television show to promote the video game of its licensee, EA Sports, called Madden NFL 06. The show included clips of voiceovers from various films about the history of the NFL.
October 24, 2008 Briefing Documentary Found to Meet Newsworthiness and Incidental Use Exceptions to Right of Publicity Claim
An individual who incidentally appeared in a clip of the documentary "Super Size Me," brought suit against the filmmaker under New York Civil Rights Law § 51 for the allegedly unlawful use of her image in the movie.
October 24, 2008 Briefing Broad License Agreement Found to Permit Sale of Digital Downloads by Large Retailer
Richard Reinhardt, a member of the punk band The Ramones during the 1980s, authored six songs during that period. Reinhardt entered into a recording agreement with Ramones Productions which included a provision authorizing Ramones Productions "to manufacture advertise, sell, distribute, lease, license, or otherwise use or dispose of the masters and phonograph records embodying the masters, in any and all fields of use, by any method no or hereafter known."
October 24, 2008 Briefing Company Files Two Copyright Suits for Forwarding of its Newsletters
A publisher of a weekly newsletter on the energy industry filed suit in federal court in New York against a financial services firm and a ratings agency alleging copyright infringement based on the defendants' electronic forwarding of the publisher's newsletter.
October 24, 2008 Briefing Fair Use Is a Defense in New York Common Law Copyright Infringement
The New York Supreme Court held this month that EMI Records Ltd. and Capitol Records LLC could not prohibit a third party from using a portion of John Lennon's song "Imagine" in a documentary film that criticized the theory of evolution.
October 24, 2008 Briefing NAD Reviews Range of Savings Claims
The National Advertising Division of the Better Business Bureau (NAD) recently reviewed advertising by Daimler Trucks North America LLC for its Freightliner Cascadia tractor trucks in which the advertiser claimed that its trucks "could save consumers as much as $950 to $2750 a year per truck"
October 24, 2008 Briefing StubHub Immune from Scalping Claims Under § 230 of the Communications Decency Act
An Oregon court found that StubHub, an Web site where consumers can place their event tickets for sale, was immune from scalping claims under the Communications Decency Act § 230.
Octboer 24, 2008 Briefing Companies Have Duty to Encrypt Data When Sending in Nevada and Massachusetts
Starting October 1, 2008, companies doing business in Nevada were required under state law to encrypt data when sending it electronically.
September 26, 2008 Newsletter Advertising/Promotions Law News
Winston & Strawn's Advertising/Promotions Law News covers topics of interest to the firm's advertising and consumer product company clients in the areas of advertising challenges and litigation, sweepstakes and promotions, privacy and security, and other relevant legal issues.
September 26, 2008 Briefing Video Sharing Service Not Liable For Material Uploaded to the Web Site by Third Parties
The District Court for the Northern District of California held that Defendant Veoh, a video sharing service similar to YouTube, was not liable for copyright infringement for material uploaded to its Web site.
September 26, 2008 Briefing CBS Sues NFL for Free Speech and Anti-Trust Violations
CBS Interactive Inc., an operator of fantasy sports leagues, sued the National Football League Players Association (NFL) seeking a judgment that the use of player statistics does not violate the right of publicity and is protected by the First Amendment and declaring that any action by the NFL to exclude CBS from the fantasy sports league market would violate the Sherman Act and the Clayton Act.
September 26, 2008 Briefing Copyright Owners Should Consider Fair Use Before Issuing Takedown Notices Regarding Web Site Contest
The Northern District of California ruled that in order to issue a take-down notice under the Digital Millennium Copyright Act (DMCA) in "good faith," a copyright owner must at least have considered whether the complained-of use could constitute fair use.
September 26, 2008 Briefing Publication of Harry Potter Lexicon is not a Fair Use
J.K. Rowling, author of the Harry Potter series of books, and other plaintiffs sued RDR Books for trademark and copyright infringement, unfair competition, false advertising, deceptive trade practices, and other causes of action for creating a timeline of events, lists of spells, potions, places, creatures, and magical devices in all seven of Rowling’s books.
September 26, 2008 Briefing Several Long Island, NY Gas Stations Accused of Deceptive Practices and False Advertising
The New York Attorney General has sent cease-and-desist letters to approximately 43 gas stations in Long Island, NY for deceptive practices and false advertising.
September 26, 2008 Briefing Remote Storage Digital Video Recorders Do Not Directly Infringe Copyright
Cablevision planned to create a "remote storage" digital video recorder system (RS-DVR) that would allow customers who do not have a DVR to record television shows on Cablevision hard drives at remote locations owned by Cablevision.
September 26, 2008 Briefing Advertising by Auto Manufacturer of Test Results Held Non-Misleading Since Advertised Followed Government Testing Requirements
Hybrid auto owners filed a class action lawsuit against a major automotive manufacturer for engaging in deceptive trade practices in violation of Arkansas law.
September 26, 2008 Briefing Use of a Competitor's Trademark in Metatags and Hidden on Web Site is Willful Trademark Infringement
The First Circuit recently held that an online business that used a competitor’s trademark in its Web site’s metatags and elsewhere hidden on the Web page content had engaged in willful trademark infringement.
September 26, 2008 Briefing Nevada Breach Notice Law Now Requires Encryption
Nevada's data breach notification law went into effect in January 2006. Under the law, companies are required to notify consumers if certain data has been breached. Beginning October 1, 2008, the law will also require that personal information be encrypted.
September 26, 2008 Briefing Customers Bring Class Action Against Bank Following Security Breach; Court Holds No Damages Due
Customers of Indiana's Old National Bancorp brought a class action lawsuit against the bank, alleging that the bank had failed to adequately safeguard and secure the personal information of its customers.
September 26, 2008 Briefing Court Finds That Retailer is Required to Follow Visa Requirements
BJ's Wholesale Club, a large national retailer, was sued by various banks as third party beneficiaries of contracts between Visa U.S.A. Inc. and Fifth Third Bank, for failing to comply with Visa's data security requirements.
September 19, 2008 Newsletter Privacy and Technology Bulletin
Winston & Strawn's quarterly Privacy and Technology Bulletin provides summaries and tips on recent legal developments in the areas of Web site, workplace, healthcare and financial privacy, data security, software and technology, and privacy issues that arise in interactive company-to-consumer communications.
August 27, 2008 Briefing The SEC's Release on Website Disclosure
On August 1, 2008, the SEC issued an interpretive release containing important guidance on the use of corporate websites for the disclosure of information to the investment community. The release also discusses the liabilities under the federal securities laws for statements made on websites. This briefing summarizes the major points of the SEC release and sets forth our key observations and recommendations.
August 27, 2008 Newsletter Advertising/Promotions Law News
Winston & Strawn's Advertising/Promotions Law News covers topics of interest to the firm's advertising and consumer product company clients in the areas of advertising challenges and litigation, sweepstakes and promotions, privacy and security, and other relevant legal issues.
August 27, 2008 Briefing New York Attorney General Settles With Auto Dealer Regarding Deceptive Scratch-Off Game Cards
Five Towns Mitsubishi must pay $115,000 in restitution to consumers, and $35,000 in penalties and costs to the state, for causing advertisements to be mailed to thousands of Nassau County consumers featuring a scratch-off ticket called Dash for Cash.
August 27, 2008 Briefing FTC Issues Final Telemarketing Sales Rule Prohibiting Prerecorded Calls
The Federal Trade Commission recently amended the Telemarketing Sales Rule (TSR) to expressly prohibit telemarketing sales calls that deliver prerecorded messages, unless the seller has previously obtained the recipient's signed, written agreement to receive such calls.
August 27, 2008 Briefing Presidential Candidate John McCain and RNC Sued for Copyright Infringement and Violation of Right of Publicity
Singer and songwriter Jackson Browne filed a lawsuit in federal court in Los Angeles last week against presumptive Republican presidential nominee John McCain, the Republican National Committee, and the Ohio Republican Party
August 27, 2008 Briefing Blogger Sued for Infringement
The Oklahoma Publishing Company and one of its employees sued a blogger, who goes by the name Darth Husker, over an Internet article entitled "Two Sooner Quarterbacks Arrested for Intent to Distribute Cocaine."
August 27, 2008 Briefing Consumer Testimonials Found to be Misleading and to Require Independent Substantiation
Advertising for a green tea, which claimed that drinking green tea causes substantial weight loss without the need to exercise or reduce caloric intake, was found to be false and misleading by the federal district court in Connecticut.
August 27, 2008 Briefing Unsubstantiated Health Claims May Cost Company Up to $30 Million
Airborne Health, Inc. and its founders agreed to pay up to $30 million to settle a complaint by the FTC, and a pending federal class-action lawsuit in California.
August 27, 2008 Briefing Descriptive Use of Third Party Trademark Does Not Infringe
The U.S. District Court for the Southern District of New York held that Dessert Beauty Inc.'s use of the phrase "Love Potion" constituted a fair use because the phrase was used in a generic and descriptive sense.
August 27, 2008 Briefing FTC to Examine Consumer Protection Issues Relating to RFID Technology
The FTC announced this month that it will host a workshop to learn more about the implications of radio frequency identification technology on consumer privacy and protection.
August 27, 2008 Briefing RadioShack Corp. and Texas Settle Data Disposal Case
In April 2007, we reported that RadioShack Corp. was sued by the Texas attorney general for failure to securely destroy customer records.
August 27, 2008 Briefing Internet Impersonation Outlawed in New York
New York Governor David A. Patterson has signed into law S. 4053, which makes it a criminal offense to impersonate someone over the Internet or through electronic communications.
July 24, 2008 Newsletter Advertising/Promotions Law News
Winston & Strawn's Advertising/Promotions Law News covers topics of interest to the firm's advertising and consumer product company clients in the areas of advertising challenges and litigation, sweepstakes and promotions, privacy and security, and other relevant legal issues.
July 24, 2008 Briefing New York Attorney General Settles with Major Corporation Over the Equal Availability of the Free Method of Entry in an Instant Win Game
In late June 2008, a major corporation reached a settlement with the New York Attorney General's office to settle claims that the company did not comply with New York prize promotion  laws by failing to make the free method of obtaining a game card equally available to the purchase method of obtaining a game card in an instant win game.
July 24, 2008 Briefing Consumer Sues State Lottery for Fraud Based on Sale of Lottery Tickets After Jackpot Awarded
A consumer is suing the Virginia State Lottery, claiming that the State Lottery's practice of continuing to promote and sell lottery tickets after the top prizes were already awarded constitutes fraud.
July 24, 2008 Briefing Oregon Rebate Law Amended
You may not have known that in January 2008, the Oregon legislature amended its "Free Offer" and "Rebate" laws.
July 24, 2008 Briefing CARU Takes Issue with Language in Sweepstakes Rules Regarding Celebrity Meet and Greet
The Children's Advertising Review Unit (CARU) recently reviewed advertising for an instant win game marketed to children in which the grand prize included a meet and greet with actress and singer Miley Cyrus.
July 24, 2008 Briefing Disclosure of Material Terms of a Continuity Programs in Terms of Use Was Not Sufficient Disclosure to Avoid FTC Action
The FTC brought action against a software company that provided customers with "free" software but then continued to bill consumers for a "software continuation plan," the terms of which were buried in the software's Terms of Use.
July 24, 2008 Briefing General Knowledge of Counterfeits Does Not Subject Site Operator to Vicarious Trademark Liability
After alleged hundreds of thousands of counterfeit Tiffany silver jewelry were offered for sale on the popular online auction house eBay, the jewelry retailer brought suit, alleging that eBay was liable for both direct and contributory trademark infringement.
July 24, 2008 Briefing Just Because Something is Posted Online Does Not Mean it is Available to be Copied
The Middle District of Florida recently reminded J. Jargon Co., holder in the rights to "Menopause the Musical," that merely because something is publicly available on the Internet, that does not make it fair game to be copied.
July 24, 2008 Briefing Ex-Mattel Employee's Design Work for New Employer Found Infringing
Mattel, the maker of "Barbie," brought suit against MGA Entertainment, the maker of "Bratz," claiming that Mattel owns the Bratz concept drawings because they were created while the designer was under contract as a Barbie designer for Mattel.
July 24, 2008 Briefing FCC Votes to Consider Stricter Regulations Regarding Product Placements
The Federal Communications Commission recently announced that it will consider whether to adopt new regulations to make it clear to television viewers when advertisers have paid to have their products placed in broadcast TV shows.
July 24, 2008 Briefing Copyright Office Now Accepting Online Copyright Registration
As of July 1, the U.S. Copyright Office is now offering online registration of "basic claims" for certain kinds of works, including literary works, visual works, motion pictures and sound recordings.
July 24, 2008 Briefing CD ROM Collection Can Be A Privileged Reproduction Under Copyright Law
A digital collection of a print publication is privileged just as a microform republication would be, according to the Eleventh Circuit Court of Appeals, sitting en banc.
July 24, 2008 Briefing Trade Dress Found Likely to Infringe Packaging
In a matter that has been pending for more than 18 months, McNeil Nutritionals, LLC finally won a preliminary injunction against Heartland Sweeteners LLC from manufacturing and distributing a no-calorie sweetener in packaging that is confusingly similar to McNeil's Splenda® brand.
July 24, 2008 Briefing Court Finds California Merchants May Collect Personal Information During a Credit Card Transaction to Process a Return
A California man who purchased a product from AutoZone filed a class action lawsuit against the company after he was required to provide his name, telephone number, and signature in order to process the return of a gas cap he had purchased earlier that day.
June 27, 2008 Newsletter Advertising/Promotions Law News
Winston & Strawn's Advertising/Promotions Law News covers topics of interest to the firm's advertising and consumer product company clients in the areas of advertising challenges and litigation, sweepstakes and promotions, privacy and security, and other relevant legal issues.
June 27, 2008 Briefing Supreme Court Vacates $2.5 Billion Punitive Damages Award Against Exxon
In a much-anticipated decision, the Supreme Court recently vacated a $2.5 billion punitive damages award against Exxon for the 1989 Exxon Valdez oil spill, finding that the award was excessive under federal maritime common law.
June 27, 2008 Briefing Supreme Court's Landmark Decision in the Exxon Valdez Case
This briefing addresses the Supreme Court’s recent landmark decision in the Exxon Valdez case. The Supreme Court’s decision resolves key maritime law questions, but leaves others for another day.
June 27, 2008 Briefing Oregon Department of Justice Reaches Settlement Regarding "Free Cellular Phones" Offer
A major cellular phone and wireless service provider settled a dispute with the Oregon Department of Justice over its "free cellular phones" advertisements.
June 27, 2008 Briefing Online Directory to Pay $3 Million to Settle Misleading Marketing Probe
A national online directory service has agreed to put $3 million into a restitution fund and pay a $150,000 penalty to settle a lawsuit filed by New York Attorney General Andrew M. Cuomo based on allegedly deceptive marketing solicitations.
June 27, 2008 Briefing Arbitrator Holds Against Screen Actors Guild, Taking Away The Ability to Sue in P&W Disputes
The ANA-AAAA Joint Policy Committee on Broadcast Talent Relations recently filed an arbitration request against the Screen Actors Guild with respect to the SAG Producers Pension and Health Funds' issuance of new Multi-Service Commercial Allocation Guidelines.
June 27, 2008 Briefing Right of Publicity Claim Against Advertiser for Use of Celebrity's Name in Press Release Allowed to Proceed by Court
A wireless carrier used the name of test pilot, Chuck Yeager in a press release. The press release stated that Yeager broke the sound barrier and achieved Mach 1 nearly 60 years ago, and that the advertiser had recently broken another kind of barrier with its MACH 1 and MACH 2 mobile command centers, which enabled it to quickly restore service to customers in hurricane-affected areas.
June 27, 2008 Briefing Myspace Immunized by Communications Decency Act
The Court of Appeals for the Fifth Circuit held that the Communications Decency Act (CDA) barred claims that MySpace negligently permitted an underage user to register. Plaintiff Julie Doe, created a MySpace profile when she was only 13 years old and met a sexual predator on the social networking site who later assaulted her.
June 27, 2008 Briefing Online Auction Web Site not Exempt Under CDA
eBay was sued by a customer for fraudulent misrepresentation and other claims related to her participation in a "live auction" on eBay's Web site. The plaintiff asserted that eBay was engaging in shill bidding practices, among other wrongful conduct.
June 27, 2008 Briefing Title of "Real News" Web Site Insufficiently Distinctive to Warrant Trademark Protection
The U.S. District Court for the Southern District Court of New York has held that "The Real News Project" was not sufficiently distinctive to warrant protection under federal trademark law and the common law of New York.
June 27, 2008 Briefing Club Owners not Liable for Infringing Musical Performances
The American Society of Composers, Authors and Publishers brought suit against two of the three owners of a night club for copyright infringement under a theory of vicarious liability.
June 27, 2008 Briefing Bush Signs Amendment to FACT Act
The Fair Credit Reporting Act 2003 amendment allowed individuals to sue merchants who printed credit card expiration dates on credit card receipts.
June 27, 2008 Briefing Do-Not-Call Registrations Must be Honored Indefinitely
The Federal Communications Commission was required, under the Telephone Consumer Protection Act to create a National Do-Not-Call Registry.
June 24, 2008 Newsletter Privacy and Technology Bulletin
Winston & Strawn's quarterly Privacy and Technology Bulletin provides summaries and tips on recent legal developments in the areas of Web site, workplace, health care and financial privacy, data security, software and technology, and privacy issues that arise in interactive company-to-consumer communications.
May 30, 2008 Newsletter Advertising/Promotions Law News
Winston & Strawn's Advertising/Promotions Law News covers topics of interest to the firm's advertising and consumer product company clients in the areas of advertising challenges and litigation, sweepstakes and promotions, privacy and security, and other relevant legal issues.
May 30, 2008 Briefing Broker-Dealer Registration Update
The Securities and Exchange Commission Division of Trading and Markets (the Division) has updated the Guide to Broker-Dealer Registration, which is available on the SEC web site. The Guide provides a summary of some of the significant provisions of the Securities Exchange Act of 1934 and the rules thereunder that regulate the activities of registered broker-dealers.
May 30, 2008 Briefing The Supreme Court Expands the Scope of Liability for Employers
This week the U.S. Supreme Court issued two employment decisions that expand the ability of employees to bring retaliation claims against employers. In CBOCS West, Inc. v. Humphries, the Court found that an employee of a private employer can bring a retaliation claim under § 1981, while in Gomez-Perez v. Potter, the Court held that the Age Discrimination in Employment Act allows a federal employee to bring a retaliation claim against a federal employer.
May 30, 200 Briefing FTC Approves New CAN-SPAM Rules and Provides Guidance on Refer-A-Friend
The Federal Trade Commission announced earlier this month that it had approved four new rule provisions intended to clarify CAN-SPAM Act requirements.
May 30, 2008 Briefing FTC Signals Increased Enforcement Against Cellular Providers For Marketing
In May 2008, FTC Commissioner John Liebowitz told members at the FTC Forum on Mobile Devices that the FTC intends to step up its enforcement against cellular content providers.
May 30, 2008 Briefing NAD Recommends Advertiser Discontinue Unsupported Claims Regarding Electric Motorcycle
The NAD recently reviewed claims by Brammo Motorsports that the advertiser's motorcycle was the world's first zero-emissions, battery-powered, plug-in, electric motorcycle.
May 30, 2008 Briefing NAD Finds Advertiser's Use of Consumers Testimonials are Unsupported Product Performance Claims
The NAD reviewed claims by The Green Willow Tree, LLC for its dietary supplement, including testimonials from consumers reporting that they felt more energetic, lost weight, were sleeping better, and were no longer depressed after using the supplement.
May 30, 2008 Briefing Court Concludes That E-mails are "Signed Writings" Sufficient to Overcome the Statute of Frauds
Jerry Sunshine, a produce broker, assisted Edward Price, his wife's cousin, in the sale of Price's frozen fruit distributorship. Sunshine thought he was going to be compensated for his work, and receive a finder's fee for locating a purchaser for Price.
May 30, 2008 Briefing ISP Wins $224 Million Default Judgment Against Spammers
The U.S. District Court for the Central District of California recently awarded MySpace, Inc. a default judgment of more than $224 million for violations of the CAN-SPAM Act and California's state anti-phishing law for spamming and phishing on the MySpace network.
May 30, 2008 Briefing Classified Ad Web Site Not Liable for Content of Classified Ads Under the CDA
Online classified advertiser Craigslist.com provides an electronic meeting place for those that want to buy, sell, or rent many types of products and services, including housing.
May 30, 2008 Briefing Texas Company Pays $275,000 for Failure to Properly Destroy Customer Information
Last year the Texas attorney general brought action against Check 'n Go, a payday lending store, for failure to adequately protect or securely destroy sensitive customer information.
May 30, 2008 Briefing Bankinter and Antenvenio Fined with €270,000 for Unlawful Processing of Personal Data of Underage Users in Spain
Bankinter SA and Antenvenio SA were recently fined by the Spanish Data Protection Agency with a total sum of €270,000 for violations of the Spanish Data Protection Act in connection with the unlawful processing of personal data of underage users.
May 30, 2008 Briefing Company Settles Probe Into Sale of Personal Financial Data
Online data broker US Search.com agreed to pay a penalty of $250,000 to settle a New York attorney general investigation into its sale of private consumer information obtained from credit reporting agencies — Equifax, TransUnion, and Experian — and financial institutions.
May 30, 2008 Briefing U.K. Issues Guidance on How to Manage Data Breach
The U.K. Information Commissioner's Office (ICO), which enforces that country's data privacy law, recently released a non-binding guidance on how organizations should manage a data security breach.
April 30, 2008 Briefing Georgia Supreme Court Holds That Payment of a Premium Text Message Entry Fee Does Not Constitute a "Bet"
The Georgia Supreme Court recently held that the Georgia law cited by the plaintiffs in a law suit filed last year against NBC and others in connection with their premium text message games "does not authorize the filing of a civil suit to recover the text message fees."
April 30, 2008 Briefing New Hampshire Liquor Commission Issues Guidance Regarding Rebate Offers
The New Hampshire Liquor Commission recently announced that it voted to prohibit rebate offers that require consumers to remove the label from a bottle of liquor to be submitted with the rebate request due to the fact that the labels are difficult to remove and must be soaked off.
April 30, 2008 Briefing California Tax Board Rules That Retailers Must Pay Taxes on Rebates
On March 18, 2008, the California State Board of Equalization ruled that retailers that purchased cigarettes from third party wholesalers, and received rebates on those cigarettes from the original manufacturer are required to pay taxes on such rebates.
April 30, 2008 Briefing Federal District Court Holds That State Right of Publicity Claim is Not Barred by Communications Decency Act
The U.S. District Court for the District of New Hampshire recently held that a state right of publicity claim against an Internet service provider was not barred by the Communications Decency Act.
April 30 Briefing CDA Immunity Denied Where Content was Added
Bruce Tefft, a New York City Police Department employee, and the NYPD were sued by a counter-terrorism officer that claimed he was a victim of a hostile working environment. Tefft was employed by the NYPD to research and forward articles concerning terrorism to the anti-terrorism department of the NYPD.
April 30, 2008 Briefing Roommate Matching Web Site Not Exempt Under CDA
A roommate-matching Web site was sued by several fair housing organizations for violating the Fair Housing Act and other state laws that prohibit discrimination in housing.
April 30, 2008 Briefing Copying a "Standard Proposal" From a Competitor can be Costly
A complicated case from the federal court in Pennsylvania reminds us that a company's written policies, procedures and standardized proposals or forms can be protected by copyright, and that employees who take such materials with them to a new employer can cause their new employer to be liable for damages for infringement.
April 30, 2008 Briefing Class Certified Against Grocer Who Issued Receipts With Expiration Dates
In yet another recent case brought under the Fair and Accurate Credit Transactions Act (FACT), a judge in Illinois certified a class of potential plaintiffs who allege that Jewel Food Stores Inc. issued credit card receipts that included card expiration dates.
April 30, 2008 Briefing FTC Settles Data Security Violation Case With Reed Elsevier and Seisint
In late March the FTC settled charges brought against Reed Elsevier and Seisint over Seisint's Accurint database (Reed Elsevier acquired Seisint in 2004).
April 30, 2008 Briefing Social Networking Guidance to Protect Children Issued in the UK
In 2001 the United Kingdom launched its Task Force on Child Protection on the Internet, which brings together industry and government representatives to work towards making the Internet safer for children.
April 30, 2008 Briefing Reminder: Unauthorized Commercial Use of Olympic Designations is Prohibited
The unauthorized commercial use of any Olympic trademarks, logos, or symbols, as well as any conduct tending to suggest any connection with the Olympics or the United States Olympic Committee, is prohibited by a federal law enacted in 1998, which granted exclusive rights to the USOC with respect to all Olympic marks.
April 30, 2008 Newsletter Advertising/Promotions Law News
Winston & Strawn's Advertising/Promotions Law News covers topics of interest to the firm's advertising and consumer product company clients in the areas of advertising challenges and litigation, sweepstakes and promotions, privacy and security, and other relevant legal issues.
April 9, 2008 Article Court Control
Firm Authors: Andrew P. Bridges
March 2008 Newsletter Advertising/Promotions Law News
Winston & Strawn's Advertising/Promotions Law News covers topics of interest to the firm's advertising and consumer product company clients in the areas of advertising challenges and litigation, sweepstakes and promotions, privacy and security, and other relevant legal issues.
March 31, 2008 Briefing Class Action Lawsuits Related To Premium Text Message Games Filed Against Wireless Service Providers
Class action lawsuits were recently filed against at least two wireless service providers alleging that the wireless service providers entered into a business relationship with third parties to offer an illegal lottery via a premium charge text message game.
March 31, 2008 Briefing FTC Reminds Businesses of Revised COPPA FAQ on Send-A-Friend and E-Cards
The FTC recently reminded businesses that it modified the response to its "frequently asked question" on e-cards and forward-to-a-friend campaigns, in particular electronic cards with Web sites allow children to send to their friends, or Web sites that allow children to forward to their friends "items of interest on" the site.
March 31, 2008 Briefing FTC Reaches $2.9 Million Settlement Regarding "Free Gift" Offer
Online advertiser ValueClick was alleged by the FTC to have failed to clearly disclose that the "free gifts" it offered in its e-mails and banner and pop-up ads were not, in fact, free.
March 31, 2008 Briefing Public Display of Super Bowl on Movie Theatre Screens Without NFL License Halted
Chunky's Cinema Pub, a movie theatre chain, recently attempted to conduct a promotion where it offered consumers free admission to view the Super Bowl on its big movie screens. While Chunky's did not charge for admission, it likely sought to profit from concessions.
March 31, 2008 Briefing Super Bowl Ad Contest Brings Lawsuit
MyBowlAd was created last year as a concept to sell small pieces of time in a television commercial that would air on during the Super Bowl.
March 31, 2008 Briefing FTC Hosting Town Hall Meetings on Mobile Marketing
On May 6 and 7, 2008, the FTC will host town hall meetings on the practice of mobile marketing. The meetings, called "Beyond Voice: Mapping the Mobile Marketplace," will allow the FTC and participants to look at consumer protection issues in the "rapidly expanding world of M-commerce," as the FTC terms it.
March 31, 2008 Briefing NAD Finds "Best-Engineered" Claim is not Puffery
A claim that a product is "Best-Engineered" is not puffery and instead is a claim which requires substantiation, according to a recent decision of The National Advertising Division (NAD) of the Council of Better Business Bureaus.
March 31, 2008 Briefing NAD Recommends Advertiser Discontinue Claims Based Upon General Industry Research
NAD recently reviewed claims that a product with green tea antioxidants would make short nails grow longer. The advertiser submitted the opinion of an expert, who explained that a large body of research supports the conclusion that the use of green tea will help protect and aid the growth of weak nails.
March 31, 2008 Briefing Settlement Agreement Reached Via E-Mail is Binding
Basis Technology Corporation sued Amazon.com in May 2003, for alleged breach of fiduciary duty, and violations of the state's consumer protection laws.
March 31, 2008 Briefing Appellate Court Holds No Theft of Idea Where No Confidentiality Agreement in Place
American Business Training (ABT) developed and attempted to market a seminar concept for a "5-Day MBA" course for business professionals without graduate business school training.
March 31, 2008 Briefing Man Sues Big Ten Network For Stealing Idea in Breach of Confidentiality Agreement
Robert Welsh, former Penn State athlete and mascot, has filed a suit against the Big Ten and the Big Ten Network. Welsh claims that in 1998 he presented his idea to create a Big Ten television network to the Big Ten Conference, which was required to sign a confidentiality agreement prior to the idea being disclosed.
March 31, 2008 Briefing Virginia Becomes 40th State With Data Breach Notification Law
Effective July 1, 2008, Virginia will become the 40th state with a law requiring companies to notify consumers if personal information has been breached.
March 31, 2008 Briefing Did You Know the Word "WEBISODE" is a Registered Trademark?
The word WEBISODE has been a registered mark with the USPTO since May 6, 2003 for use in connection with "entertainment services such as production of television programs, cartoons, animation, motion picture films, cable television programs, closed caption television programs, videotape, multimedia entertainment software; special effects animation services for film and video; as well as educational services."
March 20, 2008 Newsletter Privacy and Technology Bulletin
Winston & Strawn's quarterly Privacy and Technology Bulletin provides summaries and tips on recent legal developments in the areas of Web site, workplace, health care and financial privacy, data security, software and technology, and privacy issues that arise in interactive company-to-consumer communications.
February 2008 Newsletter Advertising/Promotions Law News
Winston & Strawn's Advertising/Promotions Law News covers topics of interest to the firm's advertising and consumer product company clients in the areas of advertising challenges and litigation, sweepstakes and promotions, privacy and security, and other relevant legal issues.
February 28, 2008 Briefing NAD Finds That Material Terms of a Loyalty Program Must be Prominently Disclosed
The National Advertising Division of the Better Business Bureau recently reviewed advertising for a loyalty program which stated that consumers could get "10% back" on specified products.
February 28, 2008 Briefing Marketers Settle with FTC/Florida AG Over Deceptive Online "Free" Offers
Member Source Media LLC, operator of the web sites consumergain.com, premiumperks.com, freeretailrewards.com and greatamericangiveaways.com recently settled with the FTC over allegations that the company had sent deceptive and misleading emails to consumers.
February 28, 2008 Briefing Online Furniture Retailer Sued by Florida for False Delivery Claims
An online furniture retailer, Elite Purchasing Group, was recently sued by the State of Florida for Deceptive Trade Practices.
February 28, 2008 Briefing Trademark Confusion Can Exist Even if Products Not Identical
Palantir.net brought suit alleging that Palantir Technologies infringed the former's rights in the PALANTIR trademark.  The word "palantir" was not created by plaintiff, but instead by author J. R. R. Tolkien, and was a magical artifact in the Lord of the Rings trilogy
February 28, 2008 Briefing NAD Finds Apples to Oranges Comparison to be Misleading
NAD considered a consumer preference claim by a trash bag manufacturer that 7 out of 10 consumers prefer its ForceFlex bags over "the other leading brand."
February 28, 2008 Briefing Plaintiff Entitled Only to $750 As Opposed to $10 Million in Statutory Damages in Right of Publicly Claim
The Court of Appeal of the State of California held that when using a former employee's name on pre-printed certificates of authenticity, each certificate did not constitute a separate "publication" for purposes of calculating statutory damages.
February 28, 2008 Briefing Second Circuit Rejects Designer's Claim to Pitch Slogan
The Second Circuit recently rejected a design consultant's claim that American Express infringed his trademark rights by using the slogan "My Life, My Card", holding that the design consultant's use of the phrase was not a protectable trademark use. Stephen Goetz' used the phrase "My Life, My Card" to pitch a software service to credit card companies.
February 28, 2008 Briefing Requiring Consumers to Receive Marketing Materials When Making Online Purchase Violates Alberta Law
The Office of the Information and Privacy Commissioner of Alberta brought an action against ticketmaster.ca regarding its information collection practices.
January 24, 2008 Newsletter Advertising/Promotions Law News
Winston & Strawn's Advertising/Promotions Law News covers topics of interest to the firm's advertising and consumer product company clients in the areas of advertising challenges and litigation, sweepstakes and promotions, privacy and security, and other relevant legal issues.
January 24, 2008 Briefing Rebate Processing Companies and Rebate Providers Receive Audit Request
We have learned that a number of rebate processing companies, and advertisers who offer rebates, have recently been subjected to audit requests by the Unclaimed Property Clearinghouse for alleged failure to report un-cashed rebate checks as unclaimed property under state escheat laws.
January 24, 2008 Briefing Contest Sponsor Revokes Winner's Hannah Montana Tickets Due to False Winning Essay
An essay submitted by a six year-old Texas girl and her mother that won the Club Libby Lu, Inc. "Rock Your Holidays Essay Contest" was fake.
January 24, 2008 Briefing Lawsuit Brought Over Alleged Use of Song Without Permission
Detroit-based 1980s rock band, The Romantics, brought a federal lawsuit against Activision Publishing over use of one of the band's songs in its videogame without permission
January 24, 2008 Briefing NAD Recommends that Advertiser Discontinue "Pediatrician Recommended" Claim
The Better Business Bureau's NAD reviewed claims for a children's juice drink (diluted juice), including the claim that the drink was "Pediatrician Recommended."
January 24, 2008 Briefing Copying Excerpts of Copyrighted Book For Use in Court is Fair Use
A federal court in Michigan has ruled that it is permissible to copy excerpts of a book for purposes of a court proceeding. Making three copies of 50 pages of a book's total 244 pages was fair, when one was given to the social worker in a case about the termination of parental rights, one to the attorney general, and one was retained for use in cross-examination of its author.
January 24, 2008 Briefing New York Rejects "Famous Marks” Doctrine Under State Unfair Competition Laws
New Delhi’s famous Bukhara restaurant is owned by India’s ITC Ltd. Some former employees emigrated to New York, where they opened Bukhara Grill.
January 24, 2008 Briefing No Name is Still a Protectible Name
The owner of the trademark NO NAME for steaks successfully sued a manufacturer of a beverage product formerly known as COCAINE in a case decided in federal court in Minnesota in December.
January 24, 2008 Briefing