7th Edition: Trends in Marketing Communications Law The National Advertising Division (NAD) has become increasingly focused on the issue of speed, both in the context of advertising challenges regarding 5G technology and updates to the NAD’s procedures. Claims Regarding 5G Continue Reading
The Battle Over ‘Unprotectable’ Elements in Music Copyright Suits Rages On
7th Edition: Trends in Marketing Communications Law Taylor Swift and Katy Perry joined the growing ranks of famous musicians who have battled copyright infringement suits in recent years. While claims of impermissible copying are nothing new in the music business, the recent spate of suits Continue Reading
Mixed Reality: Navigating Influencer and Native Advertising in a Virtual World
7th Edition: Trends in Marketing Communications Law In a marketing landscape dominated by social and digital platforms, the lines between advertising and content — and reality and virtual reality — are becoming more and more blurred. When influencers (formerly known as “bloggers”) and online Continue Reading
Betting on a New Industry: The Meteoric Rise of Online Sports Betting
7th Edition: Trends in Marketing Communications Law Until 2018, the U.S. Professional and Amateur Sports Protection Act (PASPA) prohibited states from passing bills that would legalize sports betting. However, in May of that year, the United States Supreme Court struck down PASPA, clearing the Continue Reading
Regulators Target False Advertising for Post-Secondary Education
7th Edition: Trends in Marketing Communications Law Federal Trade Commission (FTC) enforcement efforts tend to focus on certain areas where the perceived harms are high. Although the FTC has historically focused on blatantly fraudulent practices or practices likely to have a negative effect on Continue Reading
How “Natural” Is That Cosmetic? Legislators May Decide.
7th Edition: Trends in Marketing Communications Law Consumers are becoming increasingly savvy, even as the retail landscape is constantly evolving with new categories and sub-categories. In the cosmetics space, new independent brands have joined an already crowded field, while established Continue Reading
At the Crossroads of Fashion, Sustainability and Counterfeiting? Blockchain.
7th Edition: Trends in Marketing Communications Law Climate change and concern over what individuals can do to lessen their impact on the environment continue to be issues of concern in many sectors, including in the world of fashion. Consumers are reevaluating the consequences of their behavior, Continue Reading
No Longer “FUCT” — Scandalous Mark Provision Struck Down by Supreme Court
6th Edition: Trends in Marketing Communications Law What constitutes a “scandalous” trademark? The United States Patent and Trademark Office (USPTO) has been grappling with this question since the enactment of the 1905 Trademark Act, later codified in the 1946 Lanham Act, which forbids Continue Reading
Telemarketing Lawsuits Fueled by Regulatory Uncertainty
6th Edition: Trends in Marketing Communications Law Recent developments continue to highlight the high risks associated with class action lawsuits brought under the Telephone Consumer Protection Act (TCPA). With statutory damages of up to $1,500 for a single unauthorized text message, consumers Continue Reading
Behind State Lines: Is It Time to Cash in on Legalized Sports Betting?
6th Edition: Trends in Marketing Communications Law The Supreme Court’s 2018 decision in Murphy v. National Collegiate Athletic Association (Murphy) to overturn the Professional and Amateur Sports Protection Act (PASPA) seemingly opened the door for states to legalize sports betting. Continue Reading