Tag 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 …

Continue reading »

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 …

Continue reading »

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 …

Continue reading »

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

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 …

Continue reading »

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

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 …

Continue reading »

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

This case is a layered mess of creative contribution. Zimmerman, an independent ad agency, submits his novel ad concept to the insurance company AFLAC in the theme of, “You Don’t Know Quack”. This is, from the court record, among the images that the little ad agency submitted: AFLAC was interested, but wanted changes. Zimmerman calls …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/if-it-looks-like-a-duck-quacks-like-a-duck-maybe-its-a-duck-but-is-it-a-protectable-duck/

The FTC has, since the 1980’s, been actively involved in regulating endorsement and testimonial advertising that is designed to entice consumers into choosing products based upon “real life” experience (or the promise of success from a reputable source). Its guidelines help define the scope of testimonial and endorsement advertising. They point out, generally, if a …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/ftc-seeks-to-make-blogger-and-sponsor-testimonials-more-responsible-but-will-the-plan-work/

In Williams v. Gerber Prods. Co., 523 F.3d 934 (9th Cir. Cal. 2008), a panel of the United States Court of Appeals for the Ninth Circuit (“Court” or “Court of Appeals”), in a published opinion, reversed the judgment of the District Court, and found, under California law, Plaintiffs could proceed with their case against Gerber …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/gerber-gets-a-snackdown-by-the-ninth-circuit-over-misleading-packaging/