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4 Reasons Trademark Search is Critical for New Brands
  • TrademarkNow
  • USA
  • September 27 2016

Building a brand is exciting. And perhaps nothing better encapsulates the entire process than going public with a trademark. Whether that be for your

A Sweepstakes Lawyer Can Help Keep Promotion Sponsors out of Hot Water
  • Klein Moynihan Turco LLP
  • USA
  • September 26 2016

Last Thursday, the Federal Trade Commission (the “FTC” or “Commission”) sued several individuals and businesses in a Los Angeles federal court for

The New Jersey Appellate Division Confirms that TCCWNA Applies Only to “Consumers”
  • K&L Gates
  • USA
  • September 26 2016

In the wake of a flood of consumer class-action lawsuits under the New Jersey Truth-In-Consumer Contract Warranty and Notice Act (“TCCWNA”), the

There’s No Such Thing as a “Free” Sample: FTC Provides Guidance on Advertising “Free” Samples Combined with Recurring Charges
  • Verrill Dana LLP
  • USA
  • September 23 2016

On Tuesday (September 20, 2016), the FTC and Nutraclick entered into a consent order concerning Nutraclick’s online offer for “free” samples of

New Media Affords New Ways to Deliver Advertising and Branded Content and New Challenges
  • Venable LLP
  • USA
  • September 15 2016

Native advertising is content delivered to consumers in-stream or as a more organic part of the user experience. It is made with some collaboration or

Selfies: Changing the “Face” of Retail
  • Goulston & Storrs PC
  • USA
  • August 17 2016

Selfies are everywhere. From selfie sticks to photo editing applications, people are looking for new and better ways to take photos of themselves. At

Seventh Circuit Rules That Differences in Package Size Do Not Support Claim of Discrimination In "Promotional Services" Under Robinson-Patman Act
  • Baker Botts LLP
  • USA
  • August 17 2016

Does a consumer product manufacturer's failure to offer all sizes of the product to all customers expose it to a claim of discrimination in providing

Direct Marketing Companies Settle with New York AG Regarding Deceptive Offers
  • Winston & Strawn LLP
  • USA
  • August 10 2016

Tristar Products, Inc. (Tristar) and Product Trend, LLC (Product Trend) sell products, such as Tristar’s “Genie Bra” or Product Trend’s “Total Pillow

Advertising Litigation Report: Vol. I, No. 3
  • Kramer Levin Naftalis & Frankel LLP
  • USA
  • August 9 2016

In a dispute between rival pharmaceutical manufacturers, the Second Circuit affirmed summary judgment for defendant Acorda Therapeutics, adopting the

Court Suggests Companies Can Be Liable as Soon as Claims Become Stale
  • Kelley Drye & Warren LLP
  • USA
  • August 9 2016

It’s a common question. A company creates a product with a competitive advantage; it takes steps to substantiate a superiority claim; and, satisfied