The Bottom Line The U.S. Supreme Court recently decided that, when using another’s trademark “as a designation of source for the infringer’s own goods,” one is not entitled to a First Amendment defense even if the use is a parody.While the decision leaves intact existing legal protections for the Continue Reading
Welcome to Pennsylvania? U.S. Supreme Court Upholds Consent-to-Jurisdiction-By-Registration Law
The Bottom Line The U.S. Supreme Court upheld a Pennsylvania statute that requires out-of-state corporations to consent to personal jurisdiction there for any lawsuit as a condition of doing business in the state.The decision may prompt other states to adopt similar regimes and has the potential Continue Reading
Third Time’s A Charm – Adequacy Decision for EU-U.S. Data Privacy Framework Adopted by European Commission
The Bottom Line Years of anticipation culminated on July 10, 2023, when the European Commission adopted an adequacy decision (the Adequacy Decision) on the EU-U.S. Data Privacy Framework (the Framework). The Adequacy Decision is the result of a series of negotiations between the European Continue Reading
The Deep Dive: FTC Updates Endorsement Guides for Modern Marketing and Advertising
The Bottom Line The FTC has revised its Endorsement Guides to take into account how businesses reach modern consumers in the digital era. Brands, agencies and influencers should revisit their standard policies and practices now to ensure they comply with the FTC’s new guidance.Many commonly used Continue Reading
New York Expands Scope of Negligent Supervision and Retention Claims Against Employers
The Bottom Line Prospective customers (not just existing customers) may pursue claims against New York employers arising from an employee's misconduct under the doctrine of negligent supervision and retention. But the facts must still show that the employer owed a duty to the prospective customer Continue Reading
14 Years in the Making: FTC Unveils Updated FTC Endorsement Guides
The Bottom Line It has been a busy week for the FTC – and expect the regulators to keep churning. The FTC is likely already on the hunt for a test case to apply the newly revised Endorsement Guides.Now is the time to get ahead of the updates and audit both internal and external influencer and Continue Reading
Aspirational Green Claims: NARB Finds Net Zero Claims Unsupported
The Bottom Line A recent decision from NARB helps illustrate the fine line between a feasible plan to achieve an environmental goal, and the exploratory stages of an aspirational effort.Environmental marketing claims continue to present risk and may lead to challenges – companies must ensure that Continue Reading
A Prime Example of Dark Patterns? FTC Sues Amazon for Use of “Dark Patterns” in Prime Enrollment
The Bottom Line: The FTC’s lawsuit is likely to be the first of many alleging the use of “dark patterns” in e-commerce and is instructive as to the specific types of practices the FTC will find deceptive in the future.Against the backdrop of the FTC’s revisions to the Negative Option Rule, the Continue Reading
An (Im)Perfect 10: Indiana, Tennessee, Montana & Texas Pass Consumer Privacy Laws
The Bottom Line There are now 10 states with comprehensive privacy laws, with more on the way.Without federal legislation, a patchwork of state laws may be the standard going forward, much in the same way that data breach notification laws eventually became ubiquitous at the state level. In Continue Reading
Roblox Found in Violation of CARU’s Advertising Guidelines
The Bottom Line The Children’s Advertising Review Unit (CARU), a self-regulatory organization that monitors advertising directed to children under the age of 13, found Roblox violated its Self-Regulatory Advertising Guidelines. CARU claimed that advertising on Roblox often did not include Continue Reading