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HTMLTea Manufacturer Defeats Damages - Seeking Class Action Plaintiff in an Opinion Steeped in Comcast
Paul Seeley; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 8, 2014, previously published on April 29, 2014
In Lanovaz v. Twinings North America, Inc., 2014 WL 1652338, Case No. C-12-02646-RMW (N.D. Cal. April 24, 2014), the court granted-in-part and denied-in-part a motion for class certification in a false advertising case about tea labels. The plaintiff alleged that the defendant’s tea was...

 

HTMLFood Labeling at SCOTUS: Can FDA Compliant Labels Still be Deceptive?
Gene Summerlin; Husch Blackwell LLP;
Legal Alert/Article
April 30, 2014, previously published on April 26, 2014
On April 21, 2014, the Supreme Court of the United States heard oral arguments in POM Wonderful LLC v. The Coca-Cola Company. This is perhaps the most interesting food labeling case to come along in, well . . . forever. What is at issue here? The central question is whether a food product label...

 

HTMLThe Supreme Court Redefines Standing Test for Lanham Act False Advertising Claims
Janina Gorbach; Foley & Lardner LLP;
Legal Alert/Article
April 25, 2014, previously published on April 20, 2014
On March 25, 2014, the Supreme Court clarified the standing requirements for false advertising claims brought under the Lanham Act. In Lexmark Intl., Inc. v. Static Control Components Inc., 572 U.S. --- (2014), the Court, in a unanimous decision, invalidated various tests used by the courts of...

 

HTMLSweet(ener) Confusion: Court Divide Over Role of Primary Jurisdiction Doctrine in “Evaporated Cane Juice” Cases Grows
Robin A. Achen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 22, 2014, previously published on April 15, 2014
In Swearingen v. Santa Cruz Natural, Inc., No. C 13-04291 (N.D. Cal. April 2, 2014), Judge Illston of the U.S. District Court for the Northern District of California granted defendant’s motion to dismiss based on the primary jurisdiction doctrine. The court held that the determination of the...

 

HTMLSocial Media Photo Contest Draws FTC Attention: Endorsement/Testimonial Guidelines Apply
Ed Chansky; Greenberg Traurig, LLP;
Legal Alert/Article
April 21, 2014, previously published on April 16, 2014
The FTC recently conducted an investigation of shoe manufacturer Cole Haan's "Wandering Sole" photo contest. The investigation focused on compliance with FTC guidelines requiring disclosure of material connections between an advertiser and consumers who offer testimonials or endorsements...

 

HTMLFTC Fires Shot Across The Bow: Is Your Social Media Contest Next?
Amy Sullivan Cahill; Stites & Harbison, PLLC;
Legal Alert/Article
April 21, 2014, previously published on April 17, 2014
Our 2012 alert, “Like us” On Social Media! An Endorsement Under Advertising Laws? addressed the Federal Trade Commission’s decision on the implication of consumer “Likes” on social media platforms such as Facebook. At that time, the FTC engaged in a common sense...

 

HTMLLack of Federal Regulation in Cosmetics and Personal Care Products Leads to Litigation Risks
Livia M. Kiser, Michael L. Mallow; Loeb & Loeb LLP;
Legal Alert/Article
April 15, 2014, previously published on April 2014
In recent years, consumers have become more focused on the potential for health risks associated with the use of chemicals and other ingredients in cosmetics and personal care products. Many consumers, however, may not realize that the FDA does not require pre-market approval of cosmetics or...

 

HTMLPinterest Contest Draws FTC Warning
Barry M. Benjamin, Lindsay A. Victor; Kilpatrick Townsend & Stockton LLP;
Legal Alert/Article
April 11, 2014, previously published on April 8, 2014
A Pinterest contest conducted by Cole Haan, Inc. recently resulted in an FTC warning. Shoe company Cole Haan held a contest via Pinterest that required contestants to create a board entitled “Wandering Sole.” Contestants then had to pin at least five images from Cole Haan’s...

 

HTML“Going Native”
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
April 11, 2014, previously published on April 8, 2014
Native advertisements represent not only an increasingly popular and effective means of promotion for marketers, it also represents a massive headache for the Federal Trade Commission (“FTC”). Native advertising, also known as corporate content or branded journalism, is marketing...

 

HTMLSupreme Court Clarifies Standing For False Advertising Cases
Robert W. Lehrburger, Adeel A. Mangi, Christine H. Miller, Saul B. Shapiro, Travis J. Tu; Patterson Belknap Webb & Tyler LLP;
Legal Alert/Article
April 10, 2014, previously published on March 2014
On March 25, 2014, the United States Supreme Court issued a unanimous decision resolving an important issue that has implications for companies seeking redress for false advertising and disparagement. In Lexmark International, Inc. v. Static Control Components, Inc.,the Court determined that...

 


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