Fourth Circuit Hands Photographer a Clean Sweep Victory in Copyright Fair Use Appeal Over News Website’s Use of Free of Charge Photo
All About Advertising Law
by Linda J. Zirkelbach and Parker Zimmerman
10h ago
On February 6, 2024, in Philpot v. Independent Journal Review, the U.S. Court of Appeals for the Fourth Circuit issued a copyright fair use decision in a photograph infringement case that is noteworthy for a number of reasons. Those who plan to use photos based on a fair use defense should take heed of this decision. In this case, photographer Larry Philpot sued news website Independent Journal Review for using Philpot’s photo of singer Ted Nugent in an online article. One of the more interesting facts here was that Philpot uploaded his photo to Wikimedia Commons, which is gover ..read more
Visit website
California Court Cites FTC Green Guides, Allowing Plaintiff’s Challenge of Colgate Toothpaste Tubes “Recyclable” Claims to Proceed
All About Advertising Law
by Amanda M. Sample and Ellen T. Berge
2d ago
Is a product recyclable if it is made of recyclable materials? Or is it recyclable when it can be recycled by waste management facilities? Last month, the United States District Court for the Northern District of California attempted to tackle these questions in response to a motion to dismiss in Della v. Colgate. The plaintiff alleged that Colgate-Palmolive Company engaged in false and misleading advertising claims about the recyclability of its toothpaste tubes with claims like “First of Its Kind Recyclable Tube” and images of the universal recycling symbol. The plaintiffs claimed these stat ..read more
Visit website
Surviving an FTC Investigation: An Excerpt from the Advertising Law Tool Kit
All About Advertising Law
by Leonard L. Gordon and Roger A. Colaizzi
4d ago
Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk. Click here to download the entire Tool Kit, and tune in to the Ad Law Tool Kit Show podcast, to hear the authors of this chapter dive deeper into surviving an FTC investigation in this week’s episode. If your advertising or marketing practices have triggered a Federal Trade Commission (FTC) investigation and you have received a civil investigative demand (CID) (i.e., administrative subpoena) or access letter, what’s next? Every situation i ..read more
Visit website
Impersonation Rulemaking: FTC Takes Steps to Tackle AI
All About Advertising Law
by Leonard L. Gordon, Michael A. Munoz and Ellis McKennie
4d ago
On February 15, 2024, the Federal Trade Commission (FTC) announced a two-step approach to tackling impersonation fraud. First, the FTC finalized a rule regulating the impersonation of businesses and government entities (the Impersonation Rule). Later that day, the FTC proposed a revision to the Impersonation Rule to extend liability to those impersonating individuals. The Impersonation Rule deems it unfair or deceptive to falsely pose as or misrepresent affiliation with a government or business entity. This could include using government seals, business logos, or spoofed email addresses. Even ..read more
Visit website
Listen to Episode 5 of Venable’s Ad Law Tool Kit Show – “Surviving an FTC Investigation”
All About Advertising Law
by Leonard L. Gordon
6d ago
Episode 5 of the Ad Law Tool Kit Show, “Surviving an FTC Investigation,” is now available. Listen here, or search for it in your favorite podcast player. The Federal Trade Commission (FTC) is investigating your advertising or marketing practice—not something you ever want to hear. But if your organization has received a civil investigative demand (CID), what’s next? In this episode, Venable partner Roger Colaizzi and our former partner Alex Megaris discuss how adopting a strategic approach is key, as is understanding the FTC staff’s pivotal role in case resolution. Venable’s Ad Law Tool Kit Sh ..read more
Visit website
New York Implements a New Surcharge Law: What the Changes Mean for Shoppers and Businesses
All About Advertising Law
by Leonard L. Gordon and Christopher L. Boone
6d ago
On February 11, 2024, a new law went into effect in New York, establishing important limits and rules for surcharging. Enacted in December 2023, the new statute has a price disclosure component, detailing how surcharge prices are communicated, and a surcharge price cap component. The law also imposes a $500 civil penalty for each violation, and it can be enforced by municipalities and local governments. Surcharge Price Disclosure: First, the law provides that any seller imposing a surcharge must “clearly and conspicuously post the total price for using a credit card in such transaction, inclus ..read more
Visit website
Lead Generation: An Excerpt from the Advertising Law Tool Kit
All About Advertising Law
by Jonathan L. Pompan and Ari N. Rothman
1w ago
Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk. Click here to download the entire Tool Kit, and tune in to the Ad Law Tool Kit Show podcast, to hear the authors of this chapter dive deeper into the issue of lead generation in this week’s episode. In the evolving world of lead generation and performance-based customer acquisition, the quest for profits can lead to big legal risks, some of them too large for advertisers that buy leads through third parties. Advertisers that harness the po ..read more
Visit website
New Bill to Modernize the TCPA Would Significantly Expand Potential Liability
All About Advertising Law
by Shahin O. Rothermel and Jay Prapaisilp
1w ago
On January 29, 2024, Congressman Frank Pallone, Jr. introduced the Do Not Disturb Act, a bill that would amend the Telephone Consumer Protection Act (TCPA) and “fix” the Supreme Court’s ruling in Duguid that limited the definition of “automatic telephone dialing system” (ATDS). Robocalls, the New ATDS The bill would delete the term “automatic telephone dialing system” from the TCPA and would instead replace it with “robocalls.” The bill defines “robocalls” as calls and text messages sent using equipment that makes calls or sends text messages to stored telephone numbers or telephone numbers ge ..read more
Visit website
FTC Contemplates Rule Aimed at Combating Deceptive Consumer Reviews
All About Advertising Law
by Leonard L. Gordon, Michael A. Munoz and Ellis McKennie
1w ago
On Tuesday, February 13, the Federal Trade Commission (FTC) held an informal hearing regarding the Proposed Rule on the Use of Consumer Reviews and Testimonials. Three interested parties each had the opportunity to submit 30 minutes of oral commentary on the proposed rule and generally voiced concerns about the rule’s ability to address the issues surrounding consumer reviews. The FTC’s proposed rule seeks to prohibit certain unfair or deceptive acts involving consumer reviews and testimonials. Specifically, it would prohibit buying positive reviews, selling or obtaining fake reviews, suppress ..read more
Visit website
Listen to Episode 4 of Venable’s Ad Law Tool Kit Show – “Lead Generation”
All About Advertising Law
by Shahin O. Rothermel
1w ago
Episode 4 of the Ad Law Tool Kit Show, “Lead Generation,” is now available. Listen here, or search for it in your favorite podcast player. In the realm of lead generation and performance-based customer acquisition, pursuing profits carries significant legal risks. In this episode, I talk to Venable partners Jonathan Pompan and Ari Rothman to talk about how advertisers should heed crucial best practices to mitigate these risks. Venable’s Ad Law Tool Kit Show will help you and your organization identify and avoid potentially problematic advertising practices. Over the course of 12 episodes, we e ..read more
Visit website

Follow All About Advertising Law on FeedSpot

Continue with Google
Continue with Apple
OR