ArticleHouse Passes Retail Investor Protection ActEarlier this week, the House of Representatives passed H.R. 2374, the Retail Investor Protection Act of 2013, by a vote of 254-166.United StatesGovernment, Public SectorVenable LLP
ArticleNew Wine Into Old Bottles: Adapting Text Messaging Proposal To 1970’s Era Rules Gains FEC ApprovalThe Federal Election Commission approved a proposal earlier this week to allow contributions via text messaging in federal elections. United StatesGovernment, Public SectorVenable LLP
ArticleWhite House Announces Intention To Curtail Scientific And Technological Cooperation With Russia: How This May Impact Recipients Of Federal GrantsIn response to the Russian invasion of Ukraine, on June 11, 2022, the President announced that the U.S. government will be limiting its "bilateral science and technology research cooperation with the Russian government."United StatesGovernment, Public SectorVenable LLP
ArticleBusted: Having To Pay The Photography PiperOne of the reasons this was so easy to get away with in the past was there was no effective way for photographers to find unlicensed uses of their work.United StatesIntellectual PropertyVenable LLP
ArticleSeagen Requests Director Review Of Unpatentability Decision In Adcetris® Patent PGROn February 14, 2024, Seagen requested director review of the PTAB's January 16th Final Written Decision ("FWD") in PGR2021-00030 finding antibody-drug conjugate claims in U.S. Patent No. 10,808,039...United StatesIntellectual PropertyVenable LLP
ArticleSoftware Patents Put To The Test – A Bad Sign For Trolls?One of the challenges presented by software patents, which are commonly asserted by so-called patent assertion entities, is determining what the patent covers.United StatesIntellectual PropertyVenable LLP
ArticleAge-Gating Your Website: Do Not Make It A Scandal"Gates" as scandals probably started with Watergate but many other embarrassments followed suit with a similar gating moniker. United StatesLitigation, Mediation & ArbitrationVenable LLP
ArticleExperts: Your Opponent Can Discover Your ExpertsYour opponent just served you with interrogatories, and one of them asks for the names of every person you’ve interviewed as a potential or consulting expert.United StatesLitigation, Mediation & ArbitrationVenable LLP
ArticleAn Artisanal Blog On Artisanal LabelingWe don’t have to remind anyone who markets a food product that the number of consumer class actions has grown tremendously. United StatesMedia, Telecoms, IT, EntertainmentVenable LLP
ArticleAnd Happy New Year To You, Too: FTC Adjusts Maximum Civil Penalty AmountsLike clockwork, the Federal Trade Commission (FTC) has issued its Adjustments to Civil Penalty Amounts for 2023. As instructed by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015...United StatesMedia, Telecoms, IT, EntertainmentVenable LLP
ArticleCARU Reprimands Boy Scouts For Sweepstakes Ads: What Are The Odds?The Boy Scouts of America failed to get their compliance badge from CARU earlier this month after the BSA ranBoyScout Photo a sweepstakes ad that lacked the appropriate odds of winning disclosures. United StatesMedia, Telecoms, IT, EntertainmentVenable LLP
ArticleConcentrate On Protecting Your Brand Name – Use Dose Of Caution When Including A Claim In Your NameThe FTC and the NAD require adequate substantiation for claims wherever they appear. There is typically a higher bar for when a company is required to change its trade name because it includes an allegedly unsupported claim, but it does happen.United StatesMedia, Telecoms, IT, EntertainmentVenable LLP
ArticleCourt Takes The Fizz Out Of City's Sugary Drink RestrictionsA ban on sugary drinks in NYC that was set to take effect today was put on hold by Justice Milton A. Tingling Jr. of State Supreme Court in Manhattan yesterday. United StatesMedia, Telecoms, IT, EntertainmentVenable LLP
ArticleFTC Announces Staff Report On Mail Or Telephone Order Merchandise RuleOn April 30, the Federal Trade Commission released a staff report on proposed amendments to the Mail or Telephone Order Merchandise Rule.United StatesMedia, Telecoms, IT, EntertainmentVenable LLP
ArticleFTC Hits Seller Of Internet And Social Media DataEarlier this week, the Federal Trade Commission ("FTC") announced that it entered into a settlement with Spokeo, Inc. for $800,000 over charges that it allegedly marketed consumer profiles to companies in the human resources, background screening, and recruiting industries without taking steps to protect consumers required under the Fair Credit Reporting Act ("FCRA").United StatesMedia, Telecoms, IT, EntertainmentVenable LLP
ArticleLive From New York, It's …The NAD Annual ConferenceWell, not quite live. This week we'll be providing updates from the NAD Annual Conference, which kicked off today in New York. United StatesMedia, Telecoms, IT, EntertainmentVenable LLP
ArticleNAD Driven To Wreck Comparative Claims, Although Monadic Claims Are CoveredWhen making comparative claims to an unnamed generic competitor, even with humor, NAD will require you to substantiate your superiority as to all major competitors.United StatesMedia, Telecoms, IT, EntertainmentVenable LLP
ArticleNAD Procedural Issues Series Post 2: Jurisdiction Over Discontinued ClaimsNAD issued an interesting case regarding the scope of its jurisdiction to review national ads that the advertiser promises were discontinued prior to the initiation of the challenge.United StatesMedia, Telecoms, IT, EntertainmentVenable LLP
ArticleOne For All And All For One: When Are Claims For A Product Imputed To The Line?It is common for a seller to offer a line or a series of products to address a particular need, and sometimes to bundle these products as a set.United StatesMedia, Telecoms, IT, EntertainmentVenable LLP
ArticlePity The Poor DisclaimerIt’s been a tough few years for disclaimers. First the FTC came out with its revised Endorsement Guides and said that the "results not typical" disclaimer just didn’t cut it anymore.United StatesMedia, Telecoms, IT, EntertainmentVenable LLP