Behind the Scenes

Arent Fox's advertising law blog - latest news and trends in advertising, data security & privacy, and fashion & entertainment.

Behind the Scenes

Advertising

Arent Fox advises on all aspects of advertising and trade regulation law. We counsel businesses on how to avoid and respond to investigations by federal and state government agencies for alleged false advertising, unfair sales, and marketing practices. We litigate false advertising and unfair competition claims between competitors in court and in the industry’s self-regulatory proceedings. Representative clients include: Discovery Channel, Corbis Corporation, Google, Red Hat, Diesel, Benetton, Hasbro, The Limited, PlayStation and Victoria’s Secret.

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Hands Off! Pending Fight Over Abandoned Gift Cards Heats Up

What Made News?

A group of merchants and restaurants, including Netflix Inc., California Pizza Kitchen Inc., and Ralph Lauren Corp., are fighting back in federal court against a Delaware lawsuit alleging that they have been withholding unclaimed gift card balances that are due to the state.

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FTC Chooses Not to Update Negative Option Rule

As part of the Federal Trade Commission’s (FTC) regular rule and guidelines review process, it recently reviewed the rule governing the “Use of Prenotification Negative Option Plans” (Negative Option Rule). Under a “prenotification negative option” plan, consumers receive periodic announcements of upcoming merchandise shipments and have a set period of time to decline the shipment. If the consumer fails to decline the shipment, the company ships the merchandise and bills the consumer.

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Fight On, Fight On? USPTO Cancels Six WASHINGTON REDSKINS Trademarks

Yesterday, the Trademark Trial and Appeal Board (TTAB) of the US Patent & Trademark Office (USPTO) cancelled six registrations related to the Washington Redskins professional football team. The TTAB found the marks violated Section 2(a) of the Federal Lanham Act, which bars registration of trademarks that may disparage persons or bring them into contempt or disrepute.

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‘To Pomegranate or Not to Pomegranate…’

In an 8-0 decision, the US Supreme Court ruled last week that a private party may bring a Lanham Act claim challenging a food label regulated by the Federal Food Drug and Cosmetic Act (FDCA). The case originated when POM Wonderful LLC (POM), the makers of POM pomegranate juice drink, sued Coca-Cola Company in 2008, alleging that Coca-Cola had misleadingly labeled as “pomegranate-blueberry blended juice” a product that is more than 99 percent apple and grape juice, violating the Lanham Act.

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Being Labeled: FTC Amends Wool Products Labeling Rules

What Made News?

The Federal Trade Commission (FTC) has recently approved changes to its Wool Products Labeling Rules (Wool Rules) in order to allow wool manufacturers and sellers greater flexibility and bring the Wool Rules into line with the Wool Suit Fabric Labeling Fairness and International Standards Conforming Act, as well as the FTC’s textile labeling regulations.

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Major Retailers Sued for Point of Sale Devices Inaccessible to the Blind

What Made News?

Major retailers from Apple to Lucky Brand to J. Crew are being sued for violating the Americans with Disabilities Act (ADA) by failing to provide point of sale (POS) devices that are accessible to the blind.

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Victory for FTC in Dispute Over Its Data Security Authority

What Made News?

The Federal Trade Commission (FTC) recently won a significant victory in federal court in its ongoing efforts to hold businesses accountable for their data security practices. The United States District Court for the District of New Jersey rejected a challenge to the FTC’s authority over data security, allowing the FTC to continue with its action in court against the Wyndham Worldwide Corporation (Wyndham) for its data security failures.

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Judge Orders FTC to Disclose Data Security Standards

What Made News?

The Federal Trade Commission’s (FTC) chief administrative law judge ruled recently that the agency must disclose the internal standards it uses to determine whether a company maintains adequate data security. The ruling is part of ongoing litigation between the FTC and a company called LabMD, which, according to the FTC, failed to maintain proper security for consumer data. The ruling could make it easier for companies that collect and manage consumer data to audit their data security practices and ensure compliance with FTC standards.

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Poor Mobile App Security Draws FTC’s Attention

What Made News?

The Federal Trade Commission (FTC) recently charged two companies — Fandango, LLC, and Credit Karma, Inc. — with violating the FTC Act by misrepresenting the security of their mobile apps and failing to securely transmit sensitive personal information over the Internet. In order to settle the charges, the companies have agreed to establish comprehensive security programs designed to address security risks during the development of their apps and to undergo independent security assessments every other year for the next 20 years.

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ADT Home Security Settles Charges Over Deceptive Advertising

What Made News?

The FTC is cracking down on misleading endorsements in advertising, and the home security company ADT has the lumps to prove it. Earlier this month, ADT settled FTC charges that it had deceived consumers by failing to disclose that “independent” security experts were in fact paid ADT spokespeople.

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ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.