Intellectual Property Pulse

Disparate impact isn't "unfair" for consumer protection purposes, court indicates

43(B)log

SEPTEMBER 23, 2021

May 18, 2021) This would make a great student note topic: Is disparate impact “unfair” under state consumer protection laws? Schulte sued numerous companies for violating the Missouri Merchandising Practices Act (MMPA) through their marketing of men’s and women’s antiperspirants—the men’s is cheaper. Seems wrong to me.

Advertising

Advertising Advertising Marketing Marketing

FTC Reverts to Penalty Letters, Threatening 670 Companies with Penalties for Unsubstantiated Health Claims and Maybe More

LexBlog IP

APRIL 13, 2023

Advertisers likely recall that back in 2021, the Federal Trade Commission (FTC) created quite the stir when it sent to more than 700 companies warning letters that threatened penalties if companies engaged in deceptive endorsement practices. Misrepresenting the level of substantiation that exists for a product.

Advertising

Advertising Advertising Litigation Marketing

Instead of Shining a Light on Dark Patterns, New FTC Report Leaves Many Questions Unanswered

LexBlog IP

SEPTEMBER 20, 2022

For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. And outside this country, the European Data Protection Board issued some interesting guidelines on the topic. Back in April 2021, the Federal Trade Commission (FTC or Commission) conducted a workshop on dark patterns.

Reporting

Reporting Privacy Advertising Advertising

The 14th Public Commission Meeting – Dark Patterns, Imposter Rulemaking and Yet Another Policy Statement

LexBlog IP

SEPTEMBER 16, 2022

After a surprise three-month hiatus, we are back in business with our Federal Trade Commission (FTC or Commission) public and totally unscripted meetings. Back to the meeting – and we will start with the dark patterns discussion because we keep hearing about this topic. A few points of the presentation jumped out at us.

Designs

Designs Design Reporting Business

FTC Ratchets Up Focus on Franchise Issues

LexBlog IP

MARCH 14, 2023

” Although we aren’t quite talking enemy action here, we are seeing heightened Federal Trade Commission (FTC) interest in issues involving franchises. The RFI is not connected with any rulemaking; it is instead a broad request regarding industry practices that may be unfair or deceptive. Twice is coincidence.

Contracts

Contracts Business Government Litigation

Recent Summary Judgment Decision in FleetCor Case Spells Trouble for CEOs and Disclaimers

LexBlog IP

AUGUST 17, 2022

A recent federal court decision found that FleetCor, a company that sells fuel card services to businesses, and its CEO had violated the Federal Trade Commission (FTC or Commission) Act through a series of deceptive and unfair acts and practices. Background.

Litigation

Litigation Advertising Advertising Reporting

The Law Of Trademark In India: Infringement And Remedies

IP and Legal Filings

MARCH 7, 2022

The trademark infringement is based on the unauthorised use of a brand, and the concerned owner can file a lawsuit against them if the trademark is registered and if the product is not the same, the demand can be made on the grounds of common law, misrepresentation, and unfair commercial practices. Identical or Deceptively Similar.

Trademark

Trademark Law Registering Trademarks Branding

The Law Of Trademark In India Act 1999: Infringement And Remedies

IP and Legal Filings

MARCH 7, 2022

The trademark infringement is based on the unauthorised use of a brand, and the concerned owner can file a lawsuit against them if the trademark is registered and if the product is not the same, the demand can be made on the grounds of common law, misrepresentation, and unfair commercial practices. Identical or Deceptively Similar.

Trademark

Trademark Law Registering Trademarks Branding

Cardozo A&ELJ symposium, Trademark

43(B)log

FEBRUARY 16, 2024

And here there is a very clear statement in the statute of that zone of interests, which most relevantly includes “to regulate commerce … by making actionable the deceptive and misleading use of marks in … commerce; …; to protect persons engaged in … commerce against unfair competition.” Taco Cabana, from 1992.

Trademark

Trademark Fair Use Registration False Advertising

Recent Hot Topics and Developments in Trade Secrets Law

Trading Secrets

JUNE 3, 2022

There have been some noteworthy recent decisions in trade secrets law. This blog post summarizes some of the significant decisions grouped by the hot topics below. Sufficiency of Trade Secret Pleadings and Allegations of Misappropriation. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d 3d 892 (3d Cir.

Law

Law Confidentiality Designs Design

2023 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

Trading Secrets

DECEMBER 19, 2023

In 2023, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on. The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes.

Confidentiality

Confidentiality Litigation Business Law

2023 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

LexBlog IP

DECEMBER 19, 2023

In 2023, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on. The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes.

Confidentiality

Confidentiality Business Intellectual Property Litigation

SpicyIP Weekly Review (August 23 – 29)

SpicyIP

AUGUST 30, 2021

Topical Highlight. s copyright and registered trademark by thrusting its deceptively similar goods and flooding the high-in-demand but low-in-knowhow market, with its imitation products. Sun Pharma v. Cipla: Madras HC Rejects COVID as an Excuse for Passing Off. Cipla Ltd. , Cipla Ltd. , The Defendant Sun Pharmaceuticals Industries Ltd.

Non-Fungible Tokens

Non-Fungible Tokens Fair Use Advertising Advertising

Nine Things You Should Know About the New FTC Rulemaking on Privacy and Targeted Advertising

LexBlog IP

AUGUST 12, 2022

Earlier this week, the Federal Trade Commission (FTC) announced that it was initiating a rulemaking to “crack down on harmful commercial surveillance and lax data security.” In short, the FTC can’t just issue a rule on practices that it may prefer; the rule must be premised on deception or unfairness.

Privacy

Privacy Advertising Advertising Publishing

Answering the $296 Billion Question: FTC’s Proposed Rulemaking on Worker Non-Competes Likely to be Found Unconstitutional

Trading Secrets

JANUARY 12, 2023

As our colleagues have previously reported in this blog, on January 5, 2023, the Federal Trade Commission issued a notice of proposed rulemaking (NPRM) concerning its unprecedented effort to ban all non-compete clauses with workers and to preempt state law on the issue. Dissenting Statement at 7 (internal punctuation omitted).). 15 U.S.C. §

Contracts

Contracts Law Government Reporting

Answering the $296 Billion Question: FTC’s Proposed Rulemaking on Worker Non-Competes Likely to be Found Unconstitutional

LexBlog IP

JANUARY 12, 2023

As our colleagues have previously reported in this blog, on January 5, 2023, the Federal Trade Commission issued a notice of proposed rulemaking (NPRM) concerning its unprecedented effort to ban all non-compete clauses with workers and to preempt state law on the issue. Dissenting Statement at 7 (internal punctuation omitted).). 15 U.S.C. §

Contracts

Contracts Law Government Reporting

Answering the $296 Billion Question: FTC’s Proposed Rulemaking on Worker Non-Competes Likely to be Found Unconstitutional

Trading Secrets

JANUARY 12, 2023

As our colleagues have previously reported in this blog, on January 5, 2023, the Federal Trade Commission issued a notice of proposed rulemaking (NPRM) concerning its unprecedented effort to ban all non-compete clauses with workers and to preempt state law on the issue. Dissenting Statement at 7 (internal punctuation omitted).). 15 U.S.C. §

Contracts

Contracts Law Government Reporting

FTC’s 20th Public Meeting – Privacy, Privacy and More Privacy

LexBlog IP

MAY 22, 2023

It has been a while since we last gathered for one of the monthly public meetings of the Federal Trade Commission (FTC or Commission). Back in early 2021, the agency announced a case alleging that the developer of a photo app had made deceptive representations regarding how it used facial recognition technology.

Privacy

Privacy Technology Business Law

Intellectual Property Pulse

Disparate impact isn't "unfair" for consumer protection purposes, court indicates

FTC Reverts to Penalty Letters, Threatening 670 Companies with Penalties for Unsubstantiated Health Claims and Maybe More

Trending Sources

Instead of Shining a Light on Dark Patterns, New FTC Report Leaves Many Questions Unanswered

The 14th Public Commission Meeting – Dark Patterns, Imposter Rulemaking and Yet Another Policy Statement

FTC Ratchets Up Focus on Franchise Issues

Recent Summary Judgment Decision in FleetCor Case Spells Trouble for CEOs and Disclaimers

The Law Of Trademark In India: Infringement And Remedies

The Law Of Trademark In India Act 1999: Infringement And Remedies

Cardozo A&ELJ symposium, Trademark

Recent Hot Topics and Developments in Trade Secrets Law

2023 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

2023 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

SpicyIP Weekly Review (August 23 – 29)

Nine Things You Should Know About the New FTC Rulemaking on Privacy and Targeted Advertising

Answering the $296 Billion Question: FTC’s Proposed Rulemaking on Worker Non-Competes Likely to be Found Unconstitutional

Answering the $296 Billion Question: FTC’s Proposed Rulemaking on Worker Non-Competes Likely to be Found Unconstitutional

Answering the $296 Billion Question: FTC’s Proposed Rulemaking on Worker Non-Competes Likely to be Found Unconstitutional

FTC’s 20th Public Meeting – Privacy, Privacy and More Privacy

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