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  • Article

    Jury Awards Mobile Game Company $420 Million In Lost Profits For False Advertising

    A Manhattan jury awarded Skillz Platforms $420 million in damages after finding competitor Papaya Games liable for false advertising, with potential additional awards of over $1.3 billion in profits and cost savings.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Lawmakers Urge FTC To Enforce Children's Privacy Policies On Social Media

    On Friday, October 8, three Democratic lawmakers wrote to the Federal Trade Commission, urging the FTC to ensure that big tech companies are complying with privacy policies designed to protect children and teens online.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Lawmakers Urge FTC To Take Action Against Price Gouging

    Several members of Congress wrote to the Federal Trade Commission last week urging the agency to "take immediate action to protect consumers from price gouging during this declared public health emergency."
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Loot Boxes, Dynamic Difficulty Underpin Class-Action Complaint Against Electronic Arts

    Electronic Arts is the subject of a class-action complaint concerning EA's "Player Packs" (think loot boxes, where the "loot" is a particular sports player) in
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Marketer Sparks Outrage For Its School Shooting Themed Line Of Clothing

    According to media reports, the company never intended to sell the sweatshirts.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Maryland Panel Recommends Ban On Most Marijuana Advertising

    Last week, the Maryland Medical Cannabis Commission voted to ban most marijuana advertising in the state.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Models Sue For Use Of Photos In Social Media Ads Without Permission

    The models brought claims under the Lanham Act for false endorsement.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    More Joint Enforcement Action From The FDA And FTC

    The incorrigible Alex Jones, of Infowars infamy, is at it again: this time marketing colloidal silver supplements and other products with the claim that they boost immunity and prevent COVID 19.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    More On Models' Lanham Act Claims

    I recently noted that a federal district court in New York held that models who were not sufficiently famous to be generally recognized failed to state a claim under the Lanham Act for the unauthorized use of their image in advertising for gentlemen's clubs.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    MTA Prohibits Ads For Drugs And Sex

    The Metropolitan Transit Authority (the "MTA") – the entity that runs New York City's public transportation system – has just updated its advertising policy.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    NAAG Asks Online Retailers To Prevent Illegal Alcohol Sales

    The National Association of Attorneys General sent letters to several online retailers -- including Craigslist, eBay, and Facebook -- asking them to take steps to prevent the illegal sales of alcohol online.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    NAD Announces Updated Filing Fees

    This week, the National Advertising Division announced new filing fees that will take effect on January 1, 2020.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    NAD Recommends Dr. Harold Katz Discontinue Health Claims

    The National Advertising Division has recommended that Dr. Harold Katz, LLC, discontinue certain advertising claims -- challenged by GlaxoSmithKline ...
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    New Feature Alert: Twitter To Allow Users To Limit Or Block Replies Completely

    Twitter announced this week at CES that it has added a new feature to combat abuse and harassment on its platform
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Ninth Circuit Partially Reverses Summary Judgment For OTC Aphrodisiac Drug

    Plaintiffs John Sandoval and Jonathan Kanfer brought a class action complaint against PharmaCare US, alleging false advertising and unfair competition related to Defendant's over the counter aphrodisiac drug "IntenseX."
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    NYC Sues Over Floating Billboards

    New York City recently sued Ballyhoo Media for displaying "Times Square-style billboards" on a barge that travels along the Manhattan and Brooklyn waterfronts.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Pinterest Places Further Restrictions On Election-Related Advertising

    In advance of the November election, Pinterest just announced additional measures to curb election-related advertising.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Pool Parts Manufacturer Can Collect $16 Million In Damages For False Advertising

    Last week, the North Carolina judge presiding over swimming pool equipment manufacturer Hayward Industries' false advertising win against Blueworks Corp and its Chinese counterpart Ningbo C.F. agreed to lift a stay...
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Prescription Video Games? FDA Authorizes Marketing For First "Prescription-Only Game-Based Device"

    Just last week the U.S. Food and Drug administration authorized marketing for the first "prescription-only game-based device" -- in other words, the United States' first prescription video game.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Right Of Publicity Claim Based On References To Historical Role Holds Up

    The court basically suggested that if that were true the advertising would just reference that it was the same as one worn on the moon.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC

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