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|U.S. House Passes Cyberthreat Information Sharing Bills|
Nathan A. Cardon, Tracy P. Marshall, Sheila A. Millar; Keller and Heckman LLP;
May 13, 2015, previously published on April 24, 2015On Wednesday, April 22, 2015, the U.S. House of Representatives passed two bills that would promote cyberthreat information sharing. These steps, coupled with recent action on a federal data breach notification measure, show real progress on important aspects of privacy and data security. While...
|California Federal Judge Rejects Apparel Company's Motion to Dismiss "Made in America" Suit Under California Law|
Nathan A. Cardon, Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
May 13, 2015, previously published on April 28, 2015A California federal court this month ruled against defendants’ attempt to rely on a federal law requiring U.S.-origin claims on textile fabric products to displace a state statute with more stringent requirements. The ruling allows a class action suit to proceed, lowering the hopes of...
|China Imposes Largest Fine to Date for False Advertising|
Jonathan Edge, Kenneth Wiener; Goodmans LLP - Toronto;
May 12, 2015, previously published on March 20, 2015Chinese authorities have imposed a fine of approximately $1 million US on consumer goods giant Proctor & Gamble (P&G) for false advertising. The penalty is the largest-ever fine for false advertising in China and demonstrates a desire by Chinese authorities to improve enforcement of consumer...
|ABA Working Group on NAD Process: Make It Even Better|
Kenneth R. Florin, David G. Mallen, James D. Taylor; Loeb & Loeb LLP;
May 6, 2015, previously published on April 2015An American Bar Association working group last week issued its report reviewing and suggesting improvements to the advertising industry's self-regulatory adjudication system. The 52-page report, "Self-Regulation of Advertising in the United States: An Assessment of the National Advertising...
|Patrikios Pavlou & Associates LLC-“TOP-TIER FIRM” and “ELITE LEADING LAWYER” rankings by The Legal 500 EMEA 2015 guide|
Patrikios Pavlou Associates LLC;
May 6, 2015, previously published on April 2015On 8th April 2015, The Legal 500 Europe, Middle East and Africa 2015 guide released its rankings and our law firm received top tier recommendations.
|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...
|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...
|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...