Last week, the Federal Trade Commission (FTC) issued guidance titled “Disclosures 101 for Social Media Influencers.” The guidance consists of a short, easy-to-read document aimed directly at those who work with brands to recommend or endorse products. It is intended to give those influencers tips on when and how to make good disclosures about their
Two Better Business Bureau Entities Refer Companies to Federal Trade Commission
This month, two self-regulatory bodies that are administered by Better Business Bureau National Programs, Inc. (BBB), referred two different companies to the Federal Trade Commission (FTC) for investigation.
First, on October 3, 2019, the Direct Selling Self-Regulatory Council (DSSRC) referred Aloe Veritas, Inc. (a multi-level direct selling company that offers wellness and skincare products) to
FTC Charges Skincare Company for Posting Fake Reviews
In this day of online consumerism, the success of a product can change drastically with a simple addition, or subtraction, of a “star.” In October of 2018, a whistleblower shed light on the drastic measure one particular company, Sunday Riley Skincare, had taken to ensure its products’ “stars,” and their corresponding success, remained as high
Can “The” Really Be Trademarked?
“The” is the most commonly used word in the English language. However, “trademarks” and “common” are not typically synonymous; rather, a trademark “is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others.” So how could anyone imagine that the most commonly used
FTC Warns CBD Companies Regarding Medical Claims
On September 10, 2019, the Federal Trade Commission (FTC) posted a press release on its website stating that it sent warning letters to three unidentified companies that sell cannabidiol (CBD) products. CBD is a chemical compound that is derived from cannabis that is legal under federal law (although still illegal in some states), and is
NBA Team and League’s #1 Pick File for Same Trademark
An interesting trademark story recently unfolded involving an NBA draft pick and a team’s new star player. In this year’s NBA draft, the New Orleans Pelicans drafted college standout Zion Williamson with the first overall pick. This pick was almost unanimously a no brainer: Zion Williamson is one of the most anticipated basketball players to
FTC’s Antitrust Guidelines for IP Licensing
Since 1995, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) have maintained intellectual property licensing guidelines, most recently updated in 2017. Those guidelines, titled “Antitrust Guidelines for the Licensing of Intellectual Property,” discuss how the FTC and DOJ evaluate licensing for patents, copyrights, trade secrets, and know-how and how they
Companies Encouraged to Review Advertising Practices to Ensure Social Media Influencers are in Compliance
Earlier this month, the Federal Trade Commission (FTC) and the U.S. Food and Drug Administration (FDA) issued warning letters to four companies using social media influencers to post on their behalf. According to the FTC and the FDA, the social media influencers’ posts were in violation of advertising and labeling laws due to misbranding and
The FTC Wants Honest Customer Reviews
The Federal Trade Commission (FTC), which enforces federal consumer protection and antitrust laws with the goal of promoting competition while protecting consumers from fraud, deception, and unfair business practices, has enforcement or administrative responsibility over dozens of laws, including the Consumer Review Fairness Act (CRFA). The CRFA is designed to protect consumers’ ability to share
Trademarking the Throne
On May 19, 2019, HBO’s hit series “Game of Thrones” aired its final episode. Although many fans are surely sad to see the popular series come to a close, us trademark fans have much “Game of Thrones” related intrigue to look forward to, as its trademarks live on.
Game of Thrones began back in 2011