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Articles by Fara Sunderji
A Reminder From The Rolling Stones: Brands Are Not Free to Do What You Want Any Old Time on Social Media | JD Supra
Last week, ABKCO Music & Records, Inc. filed suit against BEHR Paint Company over an Instagram post on the brand’s account that included The Rolling Stones song Paint It, Black. The post was from 2022, but ABKCO claims to have only discovered it recently. The post has now been deleted. According to the complaint, BEHR refused to provide ABKCO with any information regarding authorization for the use or to engage in any dialog about it, so ABKCO sued for copyright infringement.
Creator Earns Commission on TikTok: New Guidance on Effective Influencer Disclosures | JD Supra
Earlier this year, we blogged about effective influencer disclosures on Instagram. Our attention is now on TikTok with the help of a recent decision from the National Advertising Division. On October 13, 2025, the NAD released its decision in a challenge brough by Niagen Bioscience against Reus Research regarding its Cata-Kor NAD+ Core and Cata-Kor NAD+ Advanced supplements.
Tips on How to Shape Up Your Influencer Advertising Program: The NAD Reviews Skims’ Instagram Posts for Proper Disclosures
For years now we’ve been blogging about how much the FTC and even the SEC on occasion love scrolling Instagram posts to see what influencer are up to. This post is about another three letter organization who likes to scroll to confirm advertiser and influencer compliance with the FTC’s now very well-known Endorsement Guides.
Tips on How to Shape Up Your Influencer Advertising Program: The NAD Reviews Skims’ Instagram Posts for Proper Disclosures | JD Supra
For years now we’ve been blogging about how much the FTC and even the SEC on occasion love scrolling Instagram posts to see what influencer are up to. This post is about another three letter organization who likes to scroll to confirm advertiser and influencer compliance with the FTC’s now very well-known Endorsement Guides.
The National Advertising Division’s Connection with Identifying and Avoiding Consumer Litigation Risks
Consumer litigation risks are a significant concern for companies selling products and services for personal use, including consumer class action lawsuits, as well as scrutiny and enforcement actions from the Federal Trade Commission, state attorneys general, and district attorneys. Mitigating these risks requires understanding how self-regulatory organizations (SROs) work.
A Cheat Sheet from the National Advertising Division Conference 2024 | JD Supra
Earlier this week we met up in lower Manhattan with friends, colleagues and many news faces at the 2024 National Advertising Division (“NAD”) conference. As always, it was great to see and hear from experienced practitioners, the NAD attorneys as well as representatives from the Federal Trade Commission on hot topics in advertising ranging from green washing to privacy and dark patterns to subscriptions.
How Brands Can Compete in the Games Without Being Official Sponsors
“Nothing about competing in the Olympics is easy. Marketers have to be creative without relying on USOC-owned intellectual property or athlete reputations.” The Summer Olympics starts in just a few days, and with it comes a flurry of cease-and-desist letters from the U.S. Olympic Committee (USOC). The Olympics benefits from extra special trademark protection here in the United States.
Dorsey Attorneys and Practices Recognized for Intellectual Property Strength by 2023 IP Stars
NEWS & RESOURCES June 8, 2023 Known for its prosecution and litigation strength across trademark and patent law, Dorsey & Whitney reports that 17 of its attorneys were recognized as 2023 IP Stars by Managing Intellectual Property. The international law firm was also nationally ranked in Trademark Disputes and Trademark Prosecution. In addition, Dorsey was recognized for intellectual property, patent, and trademark skill in Colorado, Minnesota, New York, Utah, and Washington.
The FTC’s New Year’s Resolution for 2023: Healthier Health Claims | JD Supra
Just in time for your health-focused new year’s resolutions, the FTC released an updated guide for marketers: The Health Products Compliance Guidance. This guide last issued in 1998 under a more narrow title, focusing on dietary supplements. The world of health has changed a lot since 1998. While the larger concepts in this updated guide may seems like nothing new, the FTC has helpfully walked us through more than fifty examples applying the concepts to modern products and forms of advertising.
Taco Tuesday: It’s a Tasty Cultural Phenomenon Not a Trademark | JD Supra
More and more, we see trademark applications being filed for cultural phenomena, viral sensations and catchy hashtags. We’ve covered this topic before. Do you remember #covfefe? A recent non-precedential decision issued just after Thanksgiving once again confirmed that common laudatory phrases are often incapable of functioning as trademarks. The TTAB’s decision in In re Monday Night Ventures LLC was simple: TACO TUESDAY is indeed tasty, but it is not a trademark for beer.
Dear Online Retailers: The FTC Is Watching How You Handle Customer Reviews | JD Supra
This week, the FTC finalized an order settling a complaint alleging that an online fashion retailer blocked negative reviews of its products on its e-commerce site. The penalty: a $4.2 Million fine, 10 years of record keeping obligations and 20 years of compliance monitoring. The charge: the retailer automatically published four and five star reviews and put lower star reviews on hold.
FTC to Brands: We Will Not Tolerate Fake Reviews and Other Misleading Endorsements - Monetary Penalties Are Coming | JD Supra
The FTC announced that it had sent more than 700 Notice of Penalty Offense letters to major advertisers, leading retailers, large consumer product companies and major ad agencies to put everyone on notice that fake consumer reviews and other misleading endorsements will not be tolerated. The letters also placed the recipients on notice that significant civil penalties will be imposed on those who use these deceptive tactics.
The Future of Ad Law: A Wrap Up from the 2021 NAD Conference | JD Supra
At the end of September and beginning of October we spent some extra screen time attending the annual NAD Conference that once again was held virtually in New York. We heard from a number of great speakers, including the Hon. Rebecca Kelly Slaughter, Commissioner at the Federal Trade Commission, Mary Engel, EVP at BBB National Programs, Katherine Armstrong, the Deputy Director of NAD and in-house counsel from The Clorox Company, Campbell Soup Company and T-Mobile USA, Inc.
FTC Announces Regulatory Review of Endorsement Guides – Changes and Enforcement Actions Will Likely Follow | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Sued for Posting a Photo of Herself and Her Husband – The Kim Kardashian Version | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
P. Diddy on Instagram – No Free Pass on Copyright Law | JD Supra
As Biggie said “Mo Money Mo Problems” – Last month, a New York-based photojournalist filed suit against Diddy’s record label, Bad Boy Records, for posting a photo of none other than P. Diddy himself on his own Instagram account. Social media is supposed to about sharing (and sometimes over-sharing), but that doesn’t mean the laws of copyright don’t apply. The photograph in question was taken by photographer Matthew McDermott in August of 2016 at Diddy’s new charter school in Harlem.
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