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 […]
Here is yet another great article by Hernán Tagliani discussing the power of the Hispanic community in the USA. According to Hernán’s article, “there are over 64 million Hispanics living in the United States today, they are the largest multicultural segment at 19.5%. Hispanics have been the second fastest growing market since 2000, with 83% […]
In a case decided recently where the agency sued the client for copyright infringement and breach of contract, the agency lost on both counts. WHY? In this case, nobody disputed that the agency had a valid copyright. So, the question regarding copyright infringement turned on whether the client’s commercial was substantially similar to the agency’s […]
Just like English is a living language that changes with generations, so is Spanish. Just like the USA has different dialects in different parts of the country, so do the different Latin communities. Yes, Hispanics speak Spanish, but each Hispanic culture has its own dialect and language nuance. So, when I review a marketing campaign […]
Given the advance in technology, the Securities and Exchange Commission (SEC) is in the process of updating its advertising and solicitation rules. According to SEC Chairman Jay Clayton, “[t]he proposed amendments to the advertising rule would replace the current rule’s broadly drawn limitations with principles-based provisions. The proposed approach would also permit the use of […]
Yes, most Hispanics in the USA speak English. So, why bother advertising in Spanish? Based on the article Try something new: 3 ways to boost your firm’sgrowth by Hernán Tagliani (link below), here is some really persuasive information to seriously consider that question… “Hispanics account for the largest multicultural segment in the U.S. (19.6 percent) in 2019. They […]
I am often asked what is my niche. When I answer that I practice Advertising, Marketing and Promotions Law, I usually get either blank stares or confused looks. I then explain that I help businesses and agencies minimize legal risk for false and misleading advertising lawsuits or challenges. To whom does my field of law […]
On March 20, 2019, I wrote about the lawsuit potentially holding companies liable for their marketing campaigns that allegedly encourage and potentially lead to criminal acts. The post is copied below. This week, “t]he U.S. Supreme Court declined to review the ruling, without comment from any individual justice.” Hence, “[t]he decision lets stand a groundbreaking […]