Advertising & Marketing

The Federal Trade Commission (FTC) recently released its analysis showing that the number one way scammers have extracted money from defrauded consumers is through gift cards.  In its press release, found here, the FTC stated that that consumers have spent almost $245 million since 2018 on gift cards that went to scammers.  The FTC’s

Can landlords, whose tenants infringe on others’ trademarks, be held liable for trademark infringement? According to the 11th Circuit, the answer is yes. In Luxottica Group v. Airport Mini Mall, LLC, the 11th Circuit determined that a landlord whose tenants sell counterfeit goods can be liable for contributory trademark infringement if the landlord either

Most people, attorneys and non-attorneys alike, have heard of consumer protection agencies like the Federal Trade Commission, or FTC. Likely fewer, however, have heard of the National Advertising Division, or NAD. In short, the NAD operates as the advertising industry’s internal regulatory agency. The NAD monitors truthfulness and accuracy in advertising, and even foresees a

For the first time in nearly three years, the USPTO will be adjusting its fees for Trademark Registrations and for filing fees related to proceedings involving the Trademark Trial and Appeal Board (TTAB). Some fee increases are minimal (e.g., only about 10% increase to file an ex parte appeal). However, other fee increases are substantial,

Since the COVID-19 pandemic began, the Federal Trade Commission (FTC) has cracked down on companies purporting to sell products that can alleviate or prevent symptoms of COVID-19.  Recently, the FTC announced its approval of a final administrative consent order that settled charges against a marketer of a supplement called “Thrive,” which was advertised as being

The Federal Trade Commission (FTC) has reported a three-fold increase in consumer reports about scams arising on social media since last year as well as a spike around the time the COVID-19 pandemic began.  This includes reports about buying products that never arrived and about scams involving romance, economic relief, or income opportunities, which became

The Federal Trade Commission (FTC) has a “Cooling-Off Rule” that gives consumers a three-day right to cancel a sale made at their home, workplace, or dormitory, or at a seller’s temporary location, like a hotel or motel room, convention center, fairground, or restaurant. Thus, the Rule applies both to in-home presentations and to in-person seminars