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|FTC Tastes “Sweet” Victory: The Implications of POM Wonderful for Government Practice|
Timothy J. Slattery; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
April 9, 2015, previously published on February 10, 2015In part two of this two-part series, we explore two critical takeaways for those facing potential government intervention: (1) the implications of the Court’s deference to the Commission, and (2) whether a substantive disclaimer is a silver bullet to avoid agency scrutiny (or, at least, an...
|Do You Know Where Your Beer Was Born?: Anheuser-Busch brews litigation with deceptive marketing|
Joseph M. Hanna; Goldberg Segalla LLP;
March 13, 2015, previously published on January 13, 2015Anheuser-Busch, the world’s leader in beer production, is the target of public scorn for its alleged misleading labels and unfair marketing tactics.
In the past two years, consumers have brought as many lawsuits against the brewer for false advertisement. Consumers are claiming that two...
|“Use It or Lose It”: Service Mark Registration Canceled When Application Supported Only by Advertising|
Ann G. Fort, James H. Johnson, Jr.; Sutherland Asbill Brennan LLP;
March 6, 2015, previously published on March 5, 2015On March 2, 2015, the U.S. Court of Appeals for the Federal Circuit issued its first-ever ruling addressing use requirements for registering service marks. The court held that offering a service, without the actual rendering of that service, is not “use in commerce” for the purposes of...
|Someone's Watching Your Auto-Enrollment Program|
Ed Chansky, Erica Okerberg, Irving Scher; Greenberg Traurig LLP;
March 5, 2015, previously published on January 5, 2015“Auto enrollment” or “negative option” programs as they sometimes are called are very popular for many online services and mobile apps. Such programs often involve a free-trial period for a subscription or other electronic service. The consumer then becomes charged for the...
|Online Behavioral Advertising: Industry Guides Require Real Time Notice When Data Are Collected or Used for Personalized Ads|
Ed Chansky, David A. Wheeler; Greenberg Traurig LLP;
March 5, 2015, previously published on January 5, 2015WHAT’S COVERED?
Online behavioral advertising (OBA) has become a very common tool for commercial websites. OBA can be defined as follows:
the collection of data online from a particular computer or device regarding web viewing behaviors over time and across Web sites for the purpose of...
|FTC Settles with the Mobile App Game for Kids That Made “Brain-Training” Claims |
Safia A. Anand; Olshan Frome Wolosky LLP;
February 26, 2015, previously published on February 10, 2015The FTC and the makers of the Jungle Rangers mobile App game, which is geared towards children, have reached a settlement regarding the company's unsubstantiated cognition-related claims in their advertisements.
|Are Club Packs a Promotional Service? Allegation Upheld in Price Discrimination Case|
Thomas Demitrack, Kathryn M. Fenton, Rachel Hadass Zernik; Jones Day;
February 26, 2015, previously published on February 2015A federal district court in Wisconsin has denied a motion to dismiss an antitrust suit accusing a manufacturer of violating the Robinson-Patman Act by offering "club pack" or "large pack" products only to club stores (like Costco and Sam's Club) and not to "general...
|Who’s Your Role Model for EU Privacy Notices? The Latest Google Undertaking|
Susan Foster; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
February 19, 2015, previously published on February 5, 2015When small and mid-size companies start expanding their apps or web presence into Europe, they need to start thinking about EU data protection laws. It’s tempting to take a look at what one or two of the “big guys” do about EU data protection compliance and think that whatever the...
|Cybersecurity and Privacy in State of the Union Address|
Cynthia Larose; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
February 19, 2015, previously published on January 21, 2015As expected in his State of the Union address last night, President Obama made it very clear that cybersecurity is on his agenda for 2015. After stating that:
|Washington Considering Allowing Consumers The Right To Cancel Contracts Over The Internet|
Scott A. Shaffer; Olshan Frome Wolosky LLP;
February 16, 2015, previously published on January 20, 2015The State of Washington, already well-known for its aggressive pro-consumer protection statutes, is considering new legislation that would allow many consumers to cancel contracts via the Internet. A bill was introduced to the Washington legislature on January 9, 2015 which would provide that if a...