Category Archive: Advertising

Last week, Abercrombie & Fitch CEO Mike Jeffries admitted he didn’t make A&F clothes in larger sizes. His reasoning: beautiful – read thin – people attract other beautiful people to wear A&F’s clothing; and unattractive – read fat – people detract from his stores. Then came the immediate firestorm of fury on social media sites …

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Permanent link to this article: http://cobaltlaw.com/trademarks-and-social-media-what-we-can-all-learn-about-branding-from-abercrombie-fitch-and-amys-baking-company/

Since its release in March, 2013, “.com Disclosures” is the new hot read among ad law geeks and insomniacs, but it should be on the desk of every mobile and digital marketing executive in America. The FTC is taking the hard line when it comes to disclosures on electronic and tiny screens, and failure to …

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Permanent link to this article: http://cobaltlaw.com/ftc-comes-out-swinging-above-the-fold-new-guidelines-hold-digital-advertisers-feet-to-the-fire/

The Nielsen Company, LLC v. Truck Ads, LLC (Jan. 24, 2011) This dispute began as a feud between two trucking companies regarding maps depicting marketing areas. Neilsen sued claiming that the Neilsen maps were protected by copyright as compilations; and, that Truck Ads’ display of those proprietary ads on their website was copyright infringement. Truck …

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Permanent link to this article: http://cobaltlaw.com/copyright-misuse-defense-fails-as-claim-in-declaratory-judgment-case/

Fodere v. Lorenzo (Feb. 3, 2011 S.D. Fl.) Defendant, Compacstone, sells marble and quartz for home, particularly kitchen, installation; and hired Plaintiff Fodere to photograph a kitchen featuring defendant’s marble and quartz. Defendant and Plaintiff, both speaking Spanish, negotiated the permissible uses that may be made of the resulting photographs. This oral license was in …

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Permanent link to this article: http://cobaltlaw.com/copyright-license-includes-advertising/

Estate of Curtis v. Chambers and Globe Specialties, Supreme Court of Massachusetts, Case No. 10662 (Jan. 18, 2011) Harold Curtis designed and produced unique and distinctive printed promotional and advertising materials used by automobile dealerships to conduct direct mail campaigns and advertise dealership sales events. In 2000, Globe was rebuffed by Curtis after Globe offered …

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Permanent link to this article: http://cobaltlaw.com/state-court-rules-common-law-trade-dress-claims-preempted-by-copyright/

Sellify, Inc. v. Amazon.com, Inc., (SDNY 11/3/10) Sellify, aka ‘One Quality’, went in and out of business minimally while buying and re-selling used electronics on eBay. Cutting Edge Design (CED), an Amazon associate, purchased the keyword “onequality.com” and several close variants from Google, Inc. When a Google user searched for these keywords, the search results …

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Permanent link to this article: http://cobaltlaw.com/contributory-infringer-liability-not-found-in-false-advertising-claim/

Forest River, Inc. v. Heartland Recreational, USDC Northern Indiana 3:10-CV-11-TS Competitors in the travel trailer industry, Forest sued after Heartland copied the Forest floor-plan and did two separate things with the plans. First, Heartland used the Forest floor-plans to create Heartland travel trailers allegedly in violation of the Architectural Works Copyright Protection Act (AWCPA); and …

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Permanent link to this article: http://cobaltlaw.com/useful-article-and-protectability-of-technical-drawings-of-a-travel-trailer/

The FTC and Nestle have come to an agreement: Nestle will stop making health claims about its BOOST probiotic product, and the FTC won’t fine the company for false advertising. Nestle had previously claimed in its BOOST advertising, that the nutrition drink would boost children’s immune systems, prevent illness, and even speed up the recovery …

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Permanent link to this article: http://cobaltlaw.com/ftc-claims-nestle-boosted-health-claims-amounting-to-false-advertising/

Nothing says “economic depression” so much as when scam artists run con-games on the weakest citizens: the infirm, the old, and now, unemployed students and recent graduates without money. The FTC issued a release last week, suggesting confidence games against unemployed students are back in vogue, in the form of “secret shopper” scams. Sites, similar …

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Permanent link to this article: http://cobaltlaw.com/latest-money-scam-targets-out-of-work-students/

They’re cute, they make noise, they might even get your kid to eat his breakfast, but boost immunity? The FTC says not so much. For the second time in a year, Kellogg’s has been put on the hot seat for its cereal related health claims. This time, Kellogg’s claimed that because Rice Crispies contains “25 …

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Permanent link to this article: http://cobaltlaw.com/kelloggs-gets-popped-by-ftc-for-false-advertising/

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