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Ninth Circuit: Commercial Brand Names Can Be Expressive Speech

In Punchbowl, Inc. v. AJ Press, LLC, the Ninth Circuit affirmed a trademark win for upstart news outfit Punchbowl News. In doing so, the court held that First Amendment protection extends to the names of commercial enterprises. This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a … Continue Reading

UK Regulators Step up the Pressure on Influencer Marketing: Principles for Platforms, Brands and Content Creators

Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed. Indeed, the scale of the issue was highlighted in the Influencer Monitoring Report, published in March 2021 by another … Continue Reading

UK Regulators Show Unjustified Green Claims in Advertising the Red Light

“Green”, “organic”, “eco-friendly”, “recyclable”, “natural”. These are just a few ‘green claims’ that consumers are increasingly used to seeing on the products and services they buy. However, how accurate are these claims and are organisations using them correctly? UK regulator, the Competition and Markets Authority (CMA), has now published the Green Claims Code to help … Continue Reading

FTC Cracks Down on Health Claims by CBD Companies

The Federal Trade Commission has just announced a series of six settlements, which included individual monetary penalties, for false advertising by cannabidiol (CBD) companies. The targeted companies made claims that a variety of products containing CBD, including oils, balms, gummies, coffee, and other goods, could treat cancer, Alzheimer’s, heart disease, diabetes, and other serious ailments. … Continue Reading

Ambush Marketing in the Digital Age

With the Olympics and men’s football UEFA European Championships taking place next year, alongside a summer full of music festivals, brands will be keen to ensure that they fully-realise the benefits of their investment in sponsorships. However, not all brands will be gaining exposure through the traditional medium of activating sponsorships with athletes, teams, and … Continue Reading

Spreading The Influence: FTC Issues New Guidance for Influencers

The U.S. Federal Trade Commission (“FTC”) continues to focus on influencer advertising, as part of its consumer protection mission.  On November 5, 2019, the FTC released an instructive “Disclosure 101” Guide and “Advice for Social Media Influencers” video to help influencers understand their legal obligations when they are spreading their influence through social media posts, … Continue Reading

Legal Issues to Consider when Planning Prize Promotions

International prize promotions are regularly used by brands to engage with consumers through the use of social media and other platforms.  In a recent publication, team member, Carlton Daniel, discusses the legal issues marketers should be considered when running such promotions. The publication addresses the gambling laws of various jurisdictions and the requirements for prize … Continue Reading
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