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LVL XIII and Louis Vuitton Go Toe-To-Toe Over Toe Plates
  • Dorsey & Whitney LLP
  • USA
  • September 29 2016

In a previous post, we discussed Louis Vuitton’s unsuccessful lawsuit against My Other Bag, Inc., in which the “parody defense” was a key issue. Louis


FTC Wins Health Benefit-Related Deceptive Advertising Lawsuit
  • Klein Moynihan Turco LLP
  • USA
  • September 28 2016

The Federal Trade Commission (“FTC”) recently prevailed in a deceptive advertising lawsuit against COORGA Nutraceuticals Corporation (“COORGA”) and


Hard Hit to Youth Football League
  • Weil Gotshal & Manges LLP
  • USA
  • September 28 2016

Football season is well underway, renewing the hopes and dreams of fans across the country that perhaps this year will be the year their team wins it


9th Circ Limits CDA Immunity From Failure-To-Warn Cases
  • Fenwick & West LLP
  • USA
  • September 28 2016

This month, the U.S. Court of Appeals for the Ninth Circuit limited the ability of websites and other online services to use Section 230 of the


Iron Man Composer Battles Tech Giant Sony and Ghostface Killah
  • McDermott Will & Emery
  • USA
  • September 28 2016

The US Court of Appeals for the Second Circuit ruled in favor of the composer of the 1960s Iron Man theme song, finding material facts in dispute as


FTC Holds Workshop on Effective Consumer Disclosures
  • Davis Wright Tremaine LLP
  • USA
  • September 28 2016

The Federal Trade Commission (FTC) held a workshop last week on the effectiveness of consumer disclosures. Titled “Putting Disclosures to the Test”


Five Takeaways from Key Panel Discussion at Advertising Self-Regulatory Council’s 2016 NAD Conference - "It's All About the ‘Fit’: Advertising Claims Must Track the Test"
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • September 28 2016

Sensory claims are how individuals personally react to, perceive, or sense the product, using the human senses. Testing involves asking for opinions


Second Circuit Denies Section 230 Immunity for Acts of Affiliate Marketers
  • Davis Wright Tremaine LLP
  • USA
  • September 28 2016

The Second Circuit became the third federal appellate court ever to deny immunity under Section 230 of the Communications Act, 47 U.S.C. 230, which


Star Athletica, LLC v. Varsity Brands, Inc. and the Challenge of Copyright Protection for Garment Design
  • K&L Gates
  • USA
  • September 27 2016

Under the U.S. Copyright Act, a “useful article” such as a chair, a dress, or a uniform may obtain copyright protection, but only for elements that


In What Way is False Advertising False and Why it Makes a Difference
  • Dorsey & Whitney LLP
  • USA
  • September 27 2016

What is the difference between an advertisement that is literally false by necessary implication and one that is impliedly false? It may seem like a