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Articles by Theodore C. Max
FTC Finalizes Revisions To The Endorsement Guides, Proposes New Rule For Consumer Reviews And Testimonials And Updates FTC Staff Guidance
The Federal Trade Commission's ("FTC") Endorsement Guides have evolved over the past forty years from regulating celebrity endorsements and testimonial advertisements to policing social media advertising, including influencer endorsements and native advertising.
FTC Finalizes Revisions to the Endorsement Guides, Proposes New Rule for Consumer Reviews and Testimonials and Updates FTC Staff Guidance | JD Supra
The Federal Trade Commission’s (“FTC”) Endorsement Guides have evolved over the past forty years from regulating celebrity endorsements and testimonial advertisements to policing social media advertising, including influencer endorsements and native advertising.
FTC Finalizes Revisions to the Endorsement Guides, Proposes New Rule for Consumer Reviews and Testimonials and Updates FTC Staff Guidance
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Supreme Court Rules
On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning "a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey" which, as a play on words, turns the words "Jack Daniels" into "Bad Spaniels" and the descriptive phrase "Old No. 7 Brand Tennessee Sour Mash Whiskey" into "The Old No. 2 On Your Tennessee Carpet" does not receive special First Amendment treatment where the accused infringer used the trademarks at issue to...
Supreme Court Rules “That Dog Don’t Hunt”: Bad Spaniels Toy’s Use of JACK DANIELS Marks is a Poor Parody and Dilution Act Applies | JD Supra
On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 7 Brand Tennessee Sour Mash Whiskey” into “The Old No. 2 On Your Tennessee Carpet” does not receive special First Amendment treatment where the accused infringer used the trademarks at issue to...
Supreme Court Rules “That Dog Don’t Hunt”: Bad Spaniels Toy’s Use of JACK DANIELS Marks is a Poor Parody and Dilution Act Applies
On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 7 Brand Tennessee Sour Mash Whiskey” into “The Old No. 2 On Your Tennessee Carpet” does not receive special First Amendment treatment where the accused infringer used the trademarks at issue to...
Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo | JD Supra
On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s (AWF),[1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act.
Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo
On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s (AWF),[1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act.
‘Is Football the Same Without Fans?’: Valuable Lessons When Negotiating Broadcasting Agreements
Wednesday, March 16, 2022 Last month, it was that the value of the overseas broadcasting deals entered into by the English Premier League (‘EPL‘) nudged past the £5 billion threshold for the 2022-25 rights cycle, whilst also surpassing the value of domestic deals for the same cycle for the first time.
Swiss DPA Recognizes the New EU Standard Contractual Clauses
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Seeking To Stop Deceptive ‘MADE IN USA' Claims, The FTC Takes Action Against Brandnex - Media, Telecoms, IT, Entertainment - United States
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Seeking to Stop Deceptive ‘MADE IN USA’ Claims, the FTC Takes Action Against Brandnex
Friday, May 14, 2021 On January 25, 2021, President Joe Biden issued an Executive Order entitled “Ensuring the Future is Made in America by All of America’s Workers,” which directs a broad review and strengthening of governmental procurement and financial assistance policies and regulations which require or provide a preference for goods, products or materials produced in the United States.[1] While US content must be disclosed on automobiles, textile, wool and fur products sold in the US[2]...
Toward Understanding COVID-19's Lodging Impacts Through the Lens of Futurology
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FTC Cracks Down On Deceptive Social Media Campaign By Teami LLC | JD Supra
In April 2018, the Federal Trade Commission (“FTC”) wrote to Florida-based Teami LLC (“Teami”), a Florida-based producer of Teami tea and skincare products, reminding it of the requirement set forth in the FTC’s Endorsement Guides, that any material connections, including compensation, between advertisers and internet end-users need to be disclosed “clearly and conspicuously” to consumers.
FTC Cracks Down On Deceptive Social Media Campaign By Teami LLC - Media, Telecoms, IT, Entertainment - United States
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FTC Cracks Down On Deceptive Social Media Campaign By Teami LLC
May 13, 2020 The United States Patent and Trademark Office Remains Operational and... by: Frank Amini, Ph.D. PPP Safe Harbor Guidance on the Loan Necessity Certification by: Ajay K. Malshe and Kevin H. Sutton FTC Cracks Down On Deceptive Social Media Campaign By Teami LLC by: Theodore C. Max IRS Issues Guidance on Cafeteria Plan Elections and Other Changes... by: Bruce Barth and Virginia E. McGarrity Magistrate Suggests Dismissing A Settlor’s Claim Against Trust...
3M Takes Action to Protect Its Brand from Price Gouging And Trademark Infringement | JD Supra
At the beginning of April, 3M, the nation’s largest producer of the now infamous N95 mask, filed two lawsuits against companies it claimed were confusing and deceiving buyers by falsely associating 3M with the defendants and re-selling its N95 masks at “grossly inflated”[1] prices. Such behavior, according to 3M, violates federal trademark law.
3M Takes Action to Protect Its Brand from Price Gouging And Trademark Infringement
Tuesday, May 5, 2020 At the beginning of April, 3M, the nation’s largest producer of the now infamous N95 mask, filed two lawsuits against companies it claimed were confusing and deceiving buyers by falsely associating 3M with the defendants and re-selling its N95 masks at “grossly inflated”[1] prices. Such behavior, according to 3M, violates federal trademark law.
After Four Decades, FTC Announces Regulatory Review Of The Endorsement Guides: What Does This Portend For Digital Advertisers And Social Media Platforms? - Media, Telecoms, IT, Entertainment - United States
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After Four Decades, FTC Announces Regulatory Review of The Endorsement Guides: What Does This Portend for Digital Advertisers and Social Media Platforms? | Sheppard Mullin Richter & Hampton LLP - JDSupra
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.
After Four Decades, FTC Announces Regulatory Review of The Endorsement Guides: What Does This Portend for Digital Advertisers and Social Media Platforms?
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
FTC Disclosure Guide Signals More Influencer Scrutiny
To print this article, all you need is to be registered or login on Mondaq.com. A recent 2018 report disclosed that almost three-quarters of U.S. millennials and their Gen Z successors follow social media influencers, and the majority say they trust influencers more than their favorite celebrities when it comes to advice about products or brands. Authenticity and genuinely caring about consumer interests are the most important traits when deciding whether to follow an influencer on social media.
FTC Disclosure Guide Signals More Influencer Scrutiny
Law360 (December 12, 2019, 4:20 PM EST) -- A recent 2018 report disclosed that almost three-quarters of U.S. millennials and their Gen Z successors follow social media influencers, and the majority say they trust influencers more than their favorite celebrities when it comes to advice about products or brands.[1] Authenticity and genuinely caring about consumer interests are the most important traits when deciding whether to follow an influencer on social media.[2] With the growth of...
FTC’S New “Disclosures 101” Publication And Video Is A Shout Out To Influencers | 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.
FTC’S New “Disclosures 101” Publication And Video Is A Shout
November 05, 2019 Flip It and Reverse It: Relation Back Requires Notice of Claims... by: Jiaxiao Zhang Proposed New Overtime Rule Would Affect Fluctuating Workweek Employees by: Peter J. Wozniak and Mark Wallin World’s Largest Bitcoin Mining Facility to be Built in Milam County,... by: Peter Vogel Don’t Mess with Texas? State Sovereignty Doesn’t Make Plaintiff... by: Rebecca Harker Duttry Comprehensive EB-5 Modernization Legislation Introduced in the U.S.... by: Robert Y.
“Good Genes?”: Maybe Not. FTC Takes Action Against Sunday Riley and Sunday Riley Modern Skincare, LLC For Employees False Reviews | 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.
“Good Genes?”: Maybe Not. FTC Takes Action Against Sunday Riley and Sunday Riley Modern Skincare, LLC For Employees False Reviews
Thursday, October 31, 2019 Sunday Riley launched her skincare firm Sunday Riley Modern Skincare, LLC (“SRMS”) in 2009 and its skincare products, including Good Genes, Power Couple, U.F.O., C.E.O., Luna and Tidal, have enjoyed tremendous success, having been featured, promoted, and sold online through Sephora and its website, www. Sephora.com.
See You Later Alligator? After A While Crocodile? Will Penal Law 653o(b)(1) Take Effect? | 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.
No Future for Fur in the Golden State? | 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.
California's Potential Fur Ban Bill for 2023
Monday, October 7, 2019 Before the 1849 California Gold Rush, American, English and Russian fur hunters were drawn to Spanish (and then Mexican) California in a California Fur Rush, to exploit its enormous fur resources.
See You Later Alligator? After A While Crocodile? Will Penal Law 653o(b)(1) Take Effect?
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
FTC Swats Public Relations Firm and Publisher for Misleading Olympic-Themed Mosquito Repellant Product Endorsements and Native Advertisements
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Kim Kardashian West Won the First CFDA Influencer Award: Will A CGI Supermodel Be Next?
It is no secret that the world of fashion is full of surprises.
Do We Need A Truth In Advertising Act? The Industry and Retailers Self-Regulate Photoshopping Ads
Digitally altered images of models have been a controversial advertising issue for decades.
Brands Beware!!!! FTC Scrutinizing Influencer Posts for Compliance with Endorsement Guides
In response to a petition from a coalition of consumer groups last year complaining about the need for disclosures by social media influencers, the FTC recently announced on April 19, 2017 that it had issued more than ninety letters reminding influencers and brands that “if there is a ‘material connection’ between an endorser and the marketer of a product – in other words, a connection that might affect the weight or credibility that consumers give the endorsement – that connection should be...
Who’s Got the Spirit?! Supreme Court Decides Star Athletic v. Varsity Brands; New Two-Part Test Seeks to Clear Up “Mess” But Questions Still Remain About Subjective Nature of Separabilty Analysis | The National Law Review
On March 22, 2017, the United States Supreme Court, in an opinion written by Justice Clarence Thomas in Star Athletic v.
“Oh Yes [the Court] Did” - District Court Grants Motion to Dismiss ADA Complaint Until the DOJ Issues Implementing Regulations and Renders Technical Assistance | The National Law Review
On March 20, 2017, U.S. District Court Judge S. James Otero for the Central District of California in Robles v.
FTC Requires that iSpring’s “Built in USA” Claims Hold Water
On February 1, 2017, the Federal Trade Commission (“FTC”) and iSpring Water Systems, LLC (“iSpring”) reached a settlement regarding its false, misleading, and unsupported claims that its water filtration systems and parts are “Built in USA,” “Built in USA Legendary brand of water filter,” and “Proudly Built in the USA.” In the FTC complaint against iSpring,[1] the FTC claimed that iSpring’s products either are wholly imported or made using a significant amount of inputs from overseas.
FTC Grants Summary Judgment Against California Naturel, Inc. Falsely Advertising “All Natural” Sunscreen Products
In its opinion in In re California Naturel, Inc., the Federal Trade Commission held that the California Naturel, Inc. advertising promoting its “all natural” sunscreen on its website as containing “only the purest, most luxurious and effective ingredients found in nature” violated Section 5 and 12 of the FTC Act. The opinion, written by Chairwoman Edith Ramirez, noted that California Naturel admitted that eight percent of its sunscreen formula is in fact dimethicone, a synthetic ingredient.
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