According to a recent Court decision in California, “…the allegations in the complaint failed to sufficiently allege that reasonable consumers read the word “diet” in a … brand name to promise weight loss, healthy weight management, or other health benefits.”  The Court further states that [j]ust because some consumers may unreasonably interpret the term differently […]

According to Google, “Spanish-language commercial search queries grew 55% in 2019….” Here is another great article that shows the importance of advertising in Spanish in the USA. Best business practice is not only to advertise in Spanish, but also have your Spanish advertising campaigns reviewed for legal compliance in Spanish. I save the client time […]

Here is another article on why marketing to the Hispanic community is so important for growth.  Written by @Raquelle Zuzarte,  the article starts with the following staggering statistics “[b]ack in 1968, during the first Hispanic Heritage Week, Hispanics in the U.S. numbered less than 10 million. Today, that number has swelled to 60 million — representing […]

Is licensing personal data the same as selling personal data? What if the data in question is personal data of minors? Can minors consent to such practices? Last week, a class action was filed in Chicago against a major company that collects personal data of minors. According to the complaint, “Defendant …obtained the students’ personal […]

Plaintiff filed lawsuit against on-line marketer for invasion of privacy and violating state’s wiretapping law.  The invasion of privacy claim was dismissed “for failure to state claims for which relief can be granted.” As for the count on violating state’s wiretapping law, the Court did not dismiss it.  The Court states that it must look […]

This week another big company is being sued for allegedly using a charity’s protected slogan. Unfortunately, again this big company has launched a major marketing campaign with the slogan. Should the Court issue the injunction requested by the charity asking that the company destroy all merchandise with the slogan, the cost would be astronomical. Stay […]

Last week a large company lost a trademark infringement lawsuit for allegedly using a slogan too close to another company’s registered slogan. Unfortunately for this company, the slogan has been used in a major marketing campaign that cost about $16 million. The Court issued a preliminary injunction based on the alleged fact that the marketer […]

What happens when a competitor launches a marketing campaign targeting your business with false and misleading information? This week, a California Court granted an order against the plaintiff’s competitor, who “published a “scientific” study containing false and fabricated data about the (plaintiff’s business) injury rate designed to specifically to harm… (plaintiff’s) business and reputation.”  The false statements […]

If you cook a veggie burger on the same grill as a beef burger, is the veggie burger still a veggie burger? A lawsuit recently filed claims that the veggie burger is contaminated by meat by-products by cooking it on the same grill as beef burgers. Although the company claims that there is an alternative […]