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Michael J. Friedman, Partner

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August 31, 2010 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, 2010 Special Alert Public Relations Firm to Settle FTC Charges that it Advertised Clients' Gaming Apps Through Misleading Online Endorsements
August 20, 2010 Special Alert Class Action Suit Filed Against Staples for Alleged Deceptive "Buy One Get One Free" Offer
August 17, 2010 Special Alert Federal Gift Card Law Went Into Effect August 22, 2010
August 13. 2010 Special Alert NAD Finds Water Beverage Nutritional Benefit Claims Inaccurate and Unsubstantiated
August 12, 2010 Special Alert FDA Issues a Warning Regarding Improper Use of Social Media
August 11, 2010 Special Alert Court Finds Product's Healthy Claims Potentially Misleading In Light of High Sugar Content
August 5, 2010 Special Alert Court Finds "Handling Fee" May Be "Consideration" and Right to Buy Scarce Tickets May be "Prize" Under Illegal Lottery Analysis
August 4, 2010 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 21, 2010 Special Alert Sweepstakes Rules Must Specify How Prizes Will Be Awarded in the Event of Cancellation
July 21, 2010 Special Alert Sports Agents Who Work With Students Will Be Required To Register In Illinois In 2011
July 20, 2010 Special Alert Use of Another's Trademark in Domain Name May Be Permissible As a Nominative Fair Use
July 16, 2010 Special Alert North Carolina Enacts Law Regulating Certain Promotional Electronic Devices/Sweepstakes Promotions
July 15, 2010 Special Alert Michigan Supreme Court Rules that Releases Signed by Parents Are Unenforceable Against Minors
July 14, 2010 Special Alert Winston Helps Office Depot Successfully Challenge Promotional Offer, "It's Like Getting It Free," in Dual NAD Decisions
June 29, 2010 Special Alert DMCA "Safe Harbor" Protection Upheld for YouTube Notwithstanding Generalized Knowledge of Infringement
June 24, 2010 Special Alert Advertiser Sued for Right of Publicity for Character Arguably Evocative of Hulk Hogan
June 24, 2010 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 22, 2010 Special Alert The Sports Authority Enjoined Related to Alleged Ambush Marketing
June 16, 2010 Special Alert False Endorsement Leads to $10 Million Verdict
June 16, 2010 Special Alert No Injunction Right of Publicity/Lanham Act Claim Re Use of Fred Astaire's Name In Tribute
June 15, 2010 Special Alert Copyright Law Preempts State Law Claims Regarding TV Show Idea
May 7, 2010 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 26, 2010 Special Alert Maryland Amends Law to Permit Motor Fuel Suppliers to Conduct Games of Chance at Retail Locations
April 21, 2010 Special Alert Best Buy Sues Competitor For Falsely Advertising “Lowest Prices”
April 21, 2010 Special Alert Federal Court Enjoins Both Parties’ Sunscreen Ads
April 20, 2010 Special Alert FCC Upholds Fines Relating to Contest
March 30, 2010 Special Alert Health Care Bill Requires Restaurant Chains to Post Calorie Counts
March 29, 2010 Special Alert The Fed Issues Final Rules on Gift Cards, Gift Certificates, and Premium or Loyalty Gift Cards and Certificates
March 19, 2010 Special Alert FINRA Advises Financial Firms of Responsibility for Employee Social Media Use and the Requirement of a Social Media Policy
March 11, 2010 Special Alert FDA Sends Warning Letters Regarding Nutrition Claims
March 11, 2010 Special Alert USPTO: "Deer-B-Gon" Won’t Be Confused with Suggestive Mark "Deer Away"
March 10, 2010 Special Alert Postage Stamp of Photo Depicting Korean War Memorial Is Not a Fair Use
March 10, 2010 Special Alert SQUATTER ALERT: Colombia Opens Up Registration of “.co” Domain Names
March 9, 2010 Special Alert Attorney General Settles with FreeLotto.com for Deceptive Advertising
March 2, 2010 Special Alert Free Speech Defense by Game Maker Over Alleged Violation of College Football Player’s Right of Publicity Is Rejected on Motion to Dismiss
March 2, 2010 Special Alert German Court Holds Need to Independently Verify Consent When Getting E-mail List from Third-Party Data Broker
February 15, 2010 Special Alert U.S. Olympic Committee Accuses Subway of False Association
February 15, 2010 Special Alert Bollywood Different From Hollywood At Trademark Office
February 8, 2010 Special Alert Editorial Content Placed Near Advertisements Still Protected by First Amendment
February 4, 2010 Special Alert MA Regulation Regarding Collection of SSN and Credit Card Numbers Goes Into Effect March 1
February 4, 2010 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 21, 2010 Special Alert Photographer and Lavazza Coffee Settle Copyright Infringement Lawsuit
January 14, 2010 Special Alert Recent Spate of Unauthorized Use of Celebrities’ Names and Likenesses Raises Legal Issues
January 14, 2010 Special Alert “World Leader” Claim Constitutes Puffery
January 8, 2010 Special Alert Kim Kardashian Sued For Alleged Defamatory Comments
January 8, 2010 Special Alert Immunity Under CDA Even If Site Solicits Potentially Negative Comments
January 7, 2010 Special Alert Court Finds Starbucks Coffee Diluted by Competitor
December 18, 2009 Special Alert California Enacts New Law Regarding Negative Option, Automatic Renewal And Continuity Programs
November 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.
December 3, 2009 Special Alert NAD Recommends Sprint Cease Advertising “Most Dependable” Claim
November 23, 2009 Briefing Facebook’s Claim of Ownership of Posted Content Does Not Destroy CDA Immunity
The New York Supreme Court recently granted Facebook, Inc.’s motion to dismiss a pending defamation action because the court concluded that Facebook was immune from liability under the Communications Decency Act as an interactive computer service.
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 19, 2009 Briefing New York’s Highest Court Narrows Restrictions on Transfer of Claims
The New York Court of Appeals ruled on October 15, 2009 that transfers of legal claims do not violate New York’s champerty statute even where the transferee intends to enforce the claims in court, so long as the purpose of the transfer is not to profit from the costs of the resulting litigation.
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 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 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.
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 Briefing New York Court of Appeals Says Judgment Creditors Can Garnish Property Held Overseas by Banks with New York Presence
In a decision that will significantly impact foreign banks and their clients, the New York Court of Appeals ruled recently that New York courts can order a bank with a New York presence to turn over to a judgment creditor any property it holds for a judgment debtor
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 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.
November 2008 Article UCC Article 4A: Displacing Common-Law Tort Claim
Firm Authors: Michael J. Friedman
 
 
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