Kind Sues Cliff For Trade Dress Infringement

Current Trends

Kind, LLC thinks new product packaging from competitor Cliff Bar & Company is an infringement on the KIND brand trade dress shown above. Kind says the change in packaging is just too close and consumers will be confused. Branding trade dress trademark tradedress Trademark

Defend Trade Secrets Act Claims Subject to CDA Section 230 Immunity

New Media and Technology Law

In what is one of the most recent attempts to circumvent the immunity provided in Section 230 of the Communications Decency Act (“CDA” or “CDA Section 230”), the United States District Court for the District of Massachusetts made it clear that claims brought under the Defend Trade Secrets Act (18 U.S.C. §§ 1836, et seq.) (“DTSA”) are not exempt from the scope of CDA immunity. Defamation Online Content CDA immunity consumer review website DTSA federal trade secrets claim

Google Meltdown Continues With Missouri Attorney General’s Consumer Protection Subpoenas

Music Technology Policy

One of Google’s worst policy nightmares is that state attorneys general will wake up to their obligation under state laws to protect both consumers and advertisers from Google’s overreach.

Redefining Privacy: The Backlash Against Facebook’s New Privacy Controls

JetLawBlog

United States Senators, Facebook users, and consumer advocate groups are rallying against recent changes to Facebook’s privacy settings.

FTC To Google: Develop Procedures To Protect Consumer Privacy As You Continue Street View Program

Media Law Prof Blog

The Federal Trade Commission has wrapped up an investigation of the Google Street View program in the United States, but investigations go on in other countries. The agency did ask the company to develop procedures to protect consumer privacy because

Google is Excited About Apple? What a Twist!

JetLawBlog

According to the Wall Street Journal , the Federal Trade Commission has not yet made a final decision on whether to challenge the deal. What a twist! Today, Apple announced the new features of the iPhone 4 OS.

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Trade Dress Can Be Viable Means of Protecting Websites from Competitor’s Look-Alike Sites

New Media and Technology Law

For those with a unique look, it might be possible that the “trade dress” of their sites – the unique look and feel – could be protectable, and therefore useful in fending off competitors who copy their online presence. Express Lien (“Zlien”) alleged that a competitor, National Association of Credit Management (“NACM”), a Maryland non-profit corporation, had mimicked the “look and feel” of its website and caused consumer confusion.

Cramdown Part 3: War is Peace, Ignorance is Strength and Search is Neutral

Music Technology Policy

The hoopla over the FTC investigation of Google frames one of the most important questions for consumers: Does Google hardwire search results? Up or down, right or wrong, the FTC is the best bet that the American consumer has to know exactly what is going on under the hood at Google.

Crying Wolf: Is San Francisco’s New Cell Phone Law Based on Fear or Science?

JetLawBlog

San Francisco has recently been on the cutting edge of environmental and consumer protection. The wireless industry, which lobbied hard against the passage of the law, argues that a warning or label on cell phones will only serve to confuse consumers.

Discriminating Technology? New Legislation to Make Technology More Accessible

JetLawBlog

About fifty million hearing and vision-impaired people live in the United States, yet few consumer electronics are designed to be readily accessible those individuals. Industry spokesmen and trade associations have said the bill goes too far.

Bambauer on Whether Privacy Policies are Informational or Ideological @JaneYakowitz

Media Law Prof Blog

Consumer privacy is predominantly regulated through disclosure. The Federal Trade Commission (FTC Jane R. Bambauer, University of Arizona College of Law, has published Are Privacy Policies Informational or Ideological? at 66 DePaul Law Review 503 (2017). Here is the abstract.

Using Text Messages in Promotions and Contests? – $8,500,000 Settlement Provides Reminder to Make Sure You are Aware of TCPA Obligations

Broadcast Law Blog

In the last few days, the trade press has been full of stories about a settlement of a lawsuit brought against a large broadcaster for alleged violations of the Telephone Consumer Protection Act (“TCPA”). Here is what Josh Bercu , an attorney in my firm, wrote last August : The TCPA is a law that restricts businesses and organizations from making calls and texts to consumers’ residential and wireless phones without having first received very specific permission from the recipient.

Balancing Regulation and Market Forces To Achieve Network Neutrality: Using the FTC Approach

Media Law Prof Blog

Ohlhausen, Federal Trade Commission, is publishing The FCC's Knowledge Problem: How to Protect Consumers Online in volume 67 of the Federal Communications Law Journal (2015). Maureen K.

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Second Circuit Holds Marketing Campaign Organizer Liable Under FTC Act for Deceptive Representations of Its Marketing “Affiliates”

Broadcast Law Blog

But in recent years the FTC has been pushing forward with cases that address the increasingly complex network of entities involved in marketing, including companies that collect , buy , and sell consumer information and play other behind-the-scenes roles in marketing campaigns. Advertising Issues On Line Media Website Issues Communications Decency Act deceptive advertising Federal Trade Commission native advertising online advertising regulation section 230

FTC Beginning to Notice Problems with DRM

JetLawBlog

The Federal Trade Commission (FTC) recently hosted a workshop in Seattle that dealt with how Digital Rights Management (DRM) has affected consumers of products ranging from music, to movies, to video games.

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Media Mergers

Thompson On Hollywood

I have long thought that the trades could do one job for the narrow niche community and another for the online consumer. If the trades focused less on advertising and more on strategizing on all the potential constituencies they could serve, they might be able to build something. Tags: New Media media mergers Roger Friedman trades

Old Rules / New Media – guidelines help bloggers and podcasters stay legal.

Gordon P. Firemark

Essentially, the regulations are the work of the Federal Trade Commission, and full under the heading “Truth In Advertising”. So, it’s improper to make any statement (or omission) that would mislead a “significant minority” of consumers.

Balancing Regulation and Market Forces To Achieve Network Neutrality: Using the FTC Approach

Media Law Prof Blog

Ohlhausen, Federal Trade Commission, is publishing The FCC's Knowledge Problem: How to Protect Consumers Online in volume 67 of the Federal Communications Law Journal (2015). Maureen K. Here is the abstract. The Federal Communication Commission (FCC) has long searched for

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Drain This: Trump Finds Joshua Wright in the Google Swamp

Music Technology Policy

According to MLex: Republican former US Federal Trade Commissioner Joshua Wright will lead the transition team of President-elect Donald J. Would anyone find it relevant to an antitrust claim against Burger King if a survey showed consumers love when u replace BK fries with McDs?

Answers to some common Trademark Questions

Gordon P. Firemark

They can be considered as the face of any business or organization online and in the market Trade- and Servicemarks can in fact, make or break a business.That is the main reason why the best and well-known trademarks in the market are so often imitated or “knocked off” But what exactly are trademarks and why all this noise? The best trademark is one that is easily remembered in the market; something that consumers will remember even if they've seen the logo or mark only once.

Why it’s dangerous to rely on free online entertainment law contract forms

Gordon P. Firemark

Those of us who draft contracts for clients in the entertainment industry have to keep up with developments in the law, as well as changes in the “custom and practice” within the trade. Boilerplate contracts: 3 Legal Risks.

Entertainment Law Asked & Answered – How to Protect Your Brand with Trademark Registration?

Gordon P. Firemark

The consumer knows which company stands behind the products and services marketed under these brands. Trade- or Service mark registration is among the best ways to secure this protection. In this Asked & Answered video, I answer questions about trademark registration.

What is an “Accredited Investor”? Why you should care.

Gordon P. Firemark

Since registration is a colossally time consuming and expensive process, it is best left to larger financing projects; those in the tens- or hundreds-of millions of dollars, such as the IPO’s we typically hear about and other transactions involving publicly-traded securities.

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Rut Roh: @LibraryCongress Hoster Cloudflare Discloses “Incorrect” Submissions to Treasury Dept. Office of Foreign Assets Control For Blacklist Payments by Narcotraficante

Music Technology Policy

economic and trade sanctions regulations by trading with terrorists and narcotraficante that have been blacklisted by the U.S. Here’s the except from the amended Cloudflare IPO document (Form S-1 filed with the Securities and Exchange Commission): We are subject to governmental trade sanctions laws, and export and import controls, that could impair our ability to compete in international markets and subject us to liability if we are not in full compliance with applicable laws.

Are you going to be at BlogWorld? I am!

Gordon P. Firemark

The conference has over 300 speaker sessions, and a huge trade-show floor packed with good stuff for content creators and consumers alike. If you’re a blogger, podcaster, YouTube Video producer or social media enthusiast, you shouldn’t miss the BlogWorld & New Media Expo this weekend at the L.A. Convention Center.

Will The Rio Olympic Committee Have Trademark Issues?

Current Trends

Trademark professionals… are these two logos too close… is there a likelihood of consumer confusion? Would a consumer be confused that the source of the Rio 2016 Olympic games is the same source as the Telluride Foundation? Trade Channels.

Amazon Showroom Operators (aka Retailers) Continue to Decline as Income Transfer Accelerates

Music Technology Policy

While shares of e-commerce giant Amazon ( AMZN ) continued to trade near record highs, combined, the five department-store retailers shed more than $4.2 But the department-store woes aren’t a result of consumers’ unwillingness to spend wages that have been slowly rising over the last year.

Fair Pay, Fair Fight: Will the Circle Be Unbroken for Artist Airplay Royalties?

Music Technology Policy

Then individual companies removed their logos and the public facing membership became only the trade associations. economy are losing hundreds of millions of foreign-trade dollars each year because the NAB has so effectively blocked this legislation.

Why the distinction between “new” media and “traditional” media is pointless, and a little dangerous.

Gordon P. Firemark

With the deveolpment of new technologies, audiences have access to a much wider array of choices, and can consume the programming they desire, rather than what’s served up by a handful of information curators (called editors or publishers). The trade-show floor is likewise a must-attend.

David Lowery’s Panel at Future of Music Policy Conference Brings Out the Spinners

Music Technology Policy

Frazee, top spinner from Washington shillery Twin Logic Strategies–who also spins for the Computer & Communications Industry Association, the Consumer Electronics Association, Net Coalition, Yahoo!–all

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U.S. Supreme Court: Foreign Produced copies are subject to First Sale Doctrine

Gordon P. Firemark

After copies are in the chain of commerce, the copyright holder can no longer exercise control over how they're transferred, sold or traded between consumers. Supreme Court Ruling protects student's right to sell foreign purchased copies for profit. On March 19, 2013, the U.S.

Venture Capitalists and Rx Activists Speak Out Against the PROTECT IP Act

Digital Media Law

consumers’ access to lower-priced prescription drugs from Canadian and other foreign pharmacies. In contrast, Hollywood trade associations and unions support the legislation, as do drug companies.

@hneidig: Yelp accuses Google of violating FTC settlement

Music Technology Policy

Yelp is accusing Google of violating a 2012 settlement with the Federal Trade Commission in which the internet search giant agreed to stop passing off third-party content as its own. Google should be held accountable and subject to remedies sufficient to ensure its anticompetitive conduct does not continue to harm competition and consumers,” Lowe wrote.

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Drybar vs Blow Dry Bar – Trademark for Blow Drying Hair

Current Trends

Houston, Texas-based Blow Dry Bar, LLC seeks a declaratory judgment of non-infringement against Dallas, Texas-based DryBar Holdings, LLC’s trademark and trade dress. ” A consumer sees blow dry bar and immediately knows the service available. Blow Dry Bar – Houston.

New York City Considers Facial Recognition Bill — Will New York Be the Next Forum for Biometric Privacy Litigation?

New Media and Technology Law

Interestingly, this Bill only contemplates notice and does not require obtaining consent or establishing any opt-out mechanisms for consumers once they learn of the collection of their biometric data. The Bill’s notice requirements are seemingly influenced by the Federal Trade Commission’s (the “ FTC ”) October 2012 guidance “ Best Practices for Common uses of Facial Recognition Technologies.” In light of the recent decision by the Illinois Supreme Court in Rosenbach v.

Joshua, We Hardly Knew Ye: One of Google’s Friends at the FTC Departs–What Does it Mean for Spotify?

Music Technology Policy

Re/Code reports that FTC Commissioner Joshua Wright is exiting the agency on August 24th: Joshua Wright, a commissioner at the Federal Trade Commission who has been viewed by some as troublingly pro-Google, is leaving the agency.

Texas No Longer Regulates Talent Agencies

Current Trends

The supporters of repealing the code section made the following comments in legislative hearings: It is inefficient and unnecessary to continue the state licensing of talent agencies … The number of licensees … is so small that there is no benefit to the consumer to continue regulation by TDLR.

Congress Seeks to Curb Use of Conflict Minerals in Cellphones

JetLawBlog

While the trade and purchase of “conflict&# diamonds has been well-publicized , other minerals are routinely mined and traded in war-torn countries such as Congo.

FTC Releases Big Data Report Outlining Risks, Benefits and Legal Hurdles

New Media and Technology Law

Companies that use big data are likely already familiar with the myriad of privacy-related legal issues — data collection and online behavioral tracking, notice and consumer choice, data security, anonymization and de-identification, intra-company data sharing, retail consumer tracking, and many others. The report outlines the risks created by the use of big data analytics with respect to consumer protection and equal opportunity laws.

Controversial Bill On Music Licensing Has Nothing to Do with Small Business

Music Technology Policy

Maybe it’s about these guys in the MIC Coalition: Realize some MIC Coalition members are themselves trade associations for companies with combined market capitalizations over $1 trillion.

A Fire in the House of Google: What is the Congress prepared to do?

Music Technology Policy

The enormity of Google’s breathtaking $500 million forfeiture for selling illegal drug advertising to consumers sinks in slowly. Google defends their dominant position in search by claiming that users are “one click away” from another search provider and that Google’s essential goodness maximizes consumer welfare for Google customers. I guess this is what Google’s antitrust lawyer meant by “promoting consumer welfare.”

Google’s Racketeering Challenge

Music Technology Policy

1961(5), through the repeated, relentless, and purposeful theft of other companies’ IP and trade secrets. . theft of trade secrets and criminal infringement of copyright) are the regular way of conducting Defendants’ businesses. Eric Schmidt confers with some confused witnesses.

FTC Releases Report On Online Advertising

Media Law Prof Blog

While the Federal Trade Commission isn't moving toward regulation, it is telling Internet companies that they are not informing consumers adequately about privacy policies. An FTC press release says in part,Over the last decade, the FTC has periodically examined the