Archives: Advertising

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From the Experts: Avoid Pitfalls of Social Media Contests and Sweepstakes

Reposted from Corporate Counsel Magazine By Radiance Walters and Debbie Rosenbaum In 2012, marketing teams will spend less time defining the term “social media” for corporate executives and more resources justifying increased expenditures in cyber platforms that have questionable returns on investment. Despite the unknown value of social media, conventional wisdom seems to suggest that … Continue Reading

New Global Rules for Digital Interactive Marketing

Reposted from DLA Piper’s Law à la Mode Edition 4 – Winter 2011 By:  Michael K. Barron, Sarah Phillips and Nadea Taylor (Boston and London) “AdWords,” the paid, subscription-based Google referencing service which allows users to advertise their companies alongside Google search results, has recently been the subject of much legal scrutiny.  In late September, the European … Continue Reading

No Proof Reebok Shoes Shaping You Up, Says FTC

Reposted from DLA Piper’s Law à la Mode Edition 4 – Winter 2011 By:  Michael K. Barron, Sarah Phillips and Nadea Taylor (Boston and London) “AdWords,” the paid, subscription-based Google referencing service which allows users to advertise their companies alongside Google search results, has recently been the subject of much legal scrutiny.  In late September, the European … Continue Reading

Idiosyncrasies of the Spanish Fashion Market

Reposted from DLA Piper’s Law à la Mode Edition 4 – Winter 2011 By:  Michael K. Barron, Sarah Phillips and Nadea Taylor (Boston and London) “AdWords,” the paid, subscription-based Google referencing service which allows users to advertise their companies alongside Google search results, has recently been the subject of much legal scrutiny.  In late September, the European … Continue Reading

Don’t Let Genericide Happen to You

Reposted from DLA Piper’s Law à la Mode Edition 4 – Winter 2011 By:  Michael K. Barron, Sarah Phillips and Nadea Taylor (Boston and London) “AdWords,” the paid, subscription-based Google referencing service which allows users to advertise their companies alongside Google search results, has recently been the subject of much legal scrutiny.  In late September, the European … Continue Reading

The Debate for AdWords Ownership in Cyberspace Continues

Reposted from DLA Piper’s Law à la Mode Edition 4 – Winter 2011 By:  Michael K. Barron, Sarah Phillips and Nadea Taylor (Boston and London) “AdWords,” the paid, subscription-based Google referencing service which allows users to advertise their companies alongside Google search results, has recently been the subject of much legal scrutiny.  In late September, the European … Continue Reading

Law à La Mode – Winter 2011 Edition

DLA Piper’s Fashion Retail Design Group recently published Law a la Mode – Edition 4 Winter 2011, a legal fashion-style magazine that is distributed to clients and friends of the firm worldwide.  Law a la Mode has a revolving editorialship and Edition 4 is the first to be edited by the U.S. offices. Members of … Continue Reading

Culture Minister calls for balance between advertising innovation and privacy

Reposted from DLA Piper’s Media & Sport Group Bulletin Editorial Team: Nick Fitzpatrick, Duncan Calow and Patrick Mitchell Ofcom has cleared Al Jazeera English channel (“Al Jazeera”) for its broadcast of “The Palestine Papers” after a complaint of unfair treatment by the Chief Negotiator of the Palestine Liberation Organisation (“PLO”). “The Palestine Papers”, a four-part documentary series broadcast on … Continue Reading

ONLINE MARKET PLACES RESPONSIBLE FOR TRADEMARK INFRINGEMENTS

Reprinted from La A La Mode, DLA Piper’s Fashion, Retail and Design E-zine by Louis Puts (Brussels) Online marketplaces such as auction sites are often used as platforms for selling unlawful fashion products. On 12 July, 2011, the CJEU rendered an important decision concerning the unlawful offers of cosmetic products with L’Oréal’s trademarks on eBay. For … Continue Reading

NEW CONSUMER RIGHTS DIRECTIVE: 10 COMMANDMENTS FOR ONLINE RETAILERS

Reprinted from La A La Mode, DLA Piper’s Fashion, Retail and Design E-zine by Jean-Louis Kerrels and Julie De Bruyn (Brussels) On June 23, the European Parliament adopted the Consumer Rights Directive.* Among the changes is a 14 day EU-wide right for consumers to change their mind about their online purchases, as well as new information … Continue Reading

ON TREND: EU POLICY MAKING IN BRUSSELS

Reprinted from La A La Mode, DLA Piper’s Fashion, Retail and Design E-zine by Emma Greenow (Brussels) http://www.shutterstock.com/pic.mhtml?id=5228836 http://www.shutterstock.com/pic.mhtml?id=80653660 With what can seem to be an overwhelming increase in the quantity and complexity of EU regulation facing the fashion industry, understanding and taking action in this area can seem as if you are navigating a tangled … Continue Reading

FTC Settlement Provides Guidance on Substantiation for Product Health and Fitness Claims

The Federal Trade Commission (FTC) recently entered a settlement order with Reebok International Ltd. to resolve charges that the company deceptively advertised that its “toning shoes” would provide extra tone and strength to leg and buttock muscles. The settlement arises out of an action the FTC brought in the United States District Court for the Northern … Continue Reading

FTC Settlement Requires Detailed Disclosures Regarding Use of Flash Cookies

Cookies have long been a key means for online companies to track a consumer’s web browsing activities. Most browsers allow the consumer to block conventional cookies from accessing their computer. To get around this obstacle, marketers have increasingly employed “flash cookies” , which use a different approach for storing a consumers online behavior and are … Continue Reading

Authorities fight ambush marketing at the Rugby World Cup

Reposted from DLA Piper’s Media & Sport Group Bulletin Editorial Team: Nick Fitzpatrick, Duncan Calow and Patrick Mitchell Authorities in New Zealand are using the Major Events Management Act 2007(MEMA) to combat ambush marketing at this year’s Rugby World Cup (RWC). The RWC has been declared a “Major Event” for the purposes of MEMA (under the Major Events Management … Continue Reading

ASA finds Trainline.com Ltd guilty of using misleading and exaggerated advertising techniques

Reposted from DLA Piper’s Media & Sport Group Bulletin Editorial Team: Nick Fitzpatrick, Duncan Calow and Patrick Mitchell The Advertising Standard Agency (“ASA”) order that an advertisement for thetrainline.com be removed due to its misleading content. The television advertisement for thetrainline.com, which was broadcast on 9 May 2011, featured people carrying placards that stated “Save 43% on average” and “Save … Continue Reading

New benchmark set for ad compliance rates on websites

Reposted from DLA Piper’s Media & Sport Group Bulletin Editorial Team: Nick Fitzpatrick, Duncan Calow and Patrick Mitchell The Advertising Standards Authority’s Digital Media Survey 2011 has revealed that the advertising on 95% of websites monitored adhered to the Advertising Code. As part of the Advertising Standards Authority (“ASA”)’s survey, 120 websites were monitored by the ASA Compliance team for … Continue Reading

The perils of saying it with flowers: Court of Justice rules in Interflora Adwords case

INTELLECTUAL PROPERTY ALERT By Siân Croxon, John Wilks, and Damian Herrington The Court of Justice of the European Union (CJEU) has given its ruling in the long-running Interflora v Marks & Spencer Adwords case. The CJEU has followed the Advocate General’s opinion on this case and its own ruling in Google France by stating that trade mark owners can prohibit … Continue Reading

ASA finds L’Oreal guilty of using misleading and exaggerated advertisement techniques

Reposted from DLA Piper’s Media & Sport Group bulletin Editorial Team: Nick Fitzpatrick, Duncan Calow and Patrick Mitchell Two advertisements for L’Oreal (UK) Ltd’s beauty brands, Lancôme and Maybelline, were ordered to be removed from advertising circulation due to their misleading content (decisions here and here). The two advertisements, for Lancôme’s “Teint Miracle” foundation featuring Julia Roberts and Maybelline’s “The Eraser” foundation … Continue Reading

Trademark Co-existence Between National Brands and Private Brands

  Posted by Scott Buchanan, Partner DLA Piper Australia     In the battle for co-existence between national brands and private brands (in Australia, known as home or house brands), several truths emerge: National brand owners have to accept competition represented by emergence of home brands and furthermore, that home brands can often quite lawfully … Continue Reading

Comparative Advertising Issues in Asia

Posted by Scott Buchanan, Partner DLA Piper Australia This morning, I participated in a round table discussion on comparative advertising issues in Asia. I was the only representative from Australia and had a good audience of representatives from India, HK, Japan and also from the US.  I wanted to share some of the most interesting points from the … Continue Reading

IP ROUNDUP: APR. 4

Some of the latest copyright and trademark happenings from around the Internet: As Wendy Davis reports, Righthaven is suing other newspaper publishers—its prospective customers. Hasn’t Righthaven learned from the RIAA that suing prospective customers doesn’t improve future sales? (via Eric Goldman) InternetShopsInc.com v. Six C Consulting, Inc., 2011 WL 1113445 (N.D. Ga. March 24, 2011): Trademark … Continue Reading

IP ROUNDUP: MAR. 21

Annnndddd we’re back from a small hiatus.  Since the last IP Roundup, there have been a ton of great stories and analyses on Trademark and Copyright Law around the Internet.   Gripe Websites – still fair use: Sedgwick Claims Management Services v. Delsman, 09-16809 (9th Cir. March 21, 2011). Delsman is a blogging griper about … Continue Reading
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