Monthly Archives: September 2016

European Court Of Justice: Linking To Playboy Pics May Infringe Copyright

captureOn September 8, 2016, the European Court of Justice rendered a controversial decision in GS Media v. Sanoma Media, which has been acclaimed by copyright holders and heavily criticized by internet companies.

The Dutch version of Playboy magazine, published by Sanoma, was about to publish photographs of a Dutch TV celebrity, Britt Dekker, when it learned that unauthorized copies of the images were already available on an Australian website.… More

Advertising Through Social Media: Ten Tips For FTC & NAD Compliance

social-media

This post first appeared in Law360 as “10 Considerations When Advertising On Social Media,” published on September 21, 2016.

Most modern advertising campaigns include social media components. In fact, it is not uncommon today to see products advertised exclusively on social media. For the most part, the same rules that govern traditional advertising also govern commercial speech on social media.… More

I May Not Be Able To Pronounce Acai But I Know It Doesn’t Burn Fat Cells: 5 Recent Over-the-Top Weight Loss Advertising Claims And How The Federal Trade Commission Responded

acaiSome say “ah-sigh;” I say “ah-kai;” but apparently the proper pronunciation of “acai”  — the so-called super berry  — is actually “ah-sigh-ee.”  Who knew?  Acai berries are native to the Amazon rainforest and have been hailed by marketers as offering a slew of health benefits, including massive weight loss.    Unfortunately, according to various consumer advocacy groups like the Center for Science in the Public Interest,… More

Fall Is In The Air: Are The Justices Getting Ready For The Gridiron?

The Washington Redskins Ask The Supreme Court To Block Fourth Circuit From Participation In Important Trademark Cases

footballAnother Labor Day is behind us, kids are back to school, and fall has unofficially arrived (it will become official on the September 22nd equinox).  The autumn leaves bring with them two major opening days.  One is already behind us, as the NFL literally kicked off its season on September 8 with a matchup between the Carolina Panthers (20) and the Denver Broncos (21).… More

Copyright Plaintiffs Keep Trying to Topple Empire. Can Proto-Cookie Succeed Where Others Failed?

empire-posterJust in time for the Season 3 premiere, let’s take a look back at Empire’s year in IP litigation.

Like the fictional Lyon family, which is constantly beset by threats from Feds, old criminal connections, and music business competitors, their show Empire finds itself a regular target for infringement claims.  As with any successful show (or family), many people want to claim credit and their own slice of a quite lucrative pie. … More

Copyright At The Museum: Musings In Anticipation Of The IPO Dinner At The MoMA

As a fan of modern art, I am looking forward to the dinner reception at next week’s Annual Meeting of the Intellectual Property Owners Association (IPO), which will be held at New York’s Museum of Modern Art.  As a member of IPO’s Copyright Committee, in anticipation of the dinner I have been musing about a fascinating and complicated question:  Can I take snapshots of the art while visiting the MoMA? … More