Monthly Archive: March 2005

The Telephone Consumer Protection Act (TCPA) prohibits telemarketers from calling homes that have been registered on the do-not-call list, maintained by the FCC. the TCPA does not protect businesses from those pesky phone calls. But what if your business is in your home? Currently, there is no provision in the TCPA to address this possibility. …

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Permanent link to this article: http://cobaltlaw.com/telemarketers-might-be-dialing-up-fcc-trouble-by-calling-home-based-businesses/

The FTC announced in February that it would not be proposing any new rules regarding product placement on television shows, despite its widespread use by advertisers to showcase products. Commercial Alert, a consumer watchdog organization, has asked the FTC to investigate the practice of placing products such as household items, toys and other consumer goods …

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Permanent link to this article: http://cobaltlaw.com/ftc-declines-to-regulate-product-placement-advertisers-breathing-again/

Google News, one of the more recent additions to the Google family of specialty sites has been sued in the District of Columbia by Agence France Presse (AFP), the French equivalent of the Associated Press. In the suit, AFP claims that Google News is “reproducing and publicly displaying AFP’s photographs, headlines, and story leads on …

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Permanent link to this article: http://cobaltlaw.com/afp-files-le-copyright-infringement-suit-against-google/

The Children’s Advertising Review Unit (“CARU”) announced today that it has reached an agreement with Conair Corporation, relating to its battery-powered toy that strings beads onto children’s hair strands. The commercials, claim CARU, suggested that girls who purchased the product would be more popular with boys. One of the CARU self-regulatory guidelines states that children …

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Permanent link to this article: http://cobaltlaw.com/conair-avoids-hairy-mess-with-childrens-advertising-review-unit/

Last week, Hugger-Mugger brought suit in federal court against Gaiam, alleging trademark infringement for Gaiam’s use of the term “Hugger-Mugger” as a key search term. Hugger and Gaiam are purveyors of consumer yoga products. According to the suit, Gaiam is using Hugger-Mugger’s registered trademark, HUGGER-MUGGER, to divert consumers to the Gaiam site. Hugger-Mugger claims that …

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Permanent link to this article: http://cobaltlaw.com/get-bent-says-hugger-mugger-to-gaiam-in-trademark-infringement-suit/

Blue Frog Mobile, the people who brought BLING TONES (hip-hop ring tones) to your mobile phone, has filed suit in Seattle District Court alleging trademark infringment against Lagardere Active North America, Inc. for that company’s use of the mark PUT SOME BLING IN YOUR RING and THE HOOK UP. Blue Frog claims rights (or rizzights …

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Permanent link to this article: http://cobaltlaw.com/blue-frog-plunks-down-its-own-bling-in-trademark-infringement-suit/

Eric Hanson, operator of 1-800-SKI-VAIL, successfully defended his business and phone number against Skiing Behemoth, Vail Associates, who filed suit against the reservations agent for trademark infringement. In ruling in favor of Hanson, who also owns 1-800-SKI-TELL(URIDE) and 1-800-SKI-ASPE(N), the district court judge stated that Vail Associates could not use its registered trademarks to stop …

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Permanent link to this article: http://cobaltlaw.com/1-800-ski-vail-carves-out-a-win-in-trademark-infringement-suit/