On May 4, 2017, the public received access to the U.S. Federal Trade Commission’s (FTC) advisory letters to approximately 45 companies and 45 celebrities/bloggers relating to potential “endorsements” on Instagram. As a result, we now have some additional guidance on the FTC’s expectations with respect to its Endorsement Guides.
Blogs
A recipe for confusion: TTAB denies registration of “JAWS” for online cooking show
Diving head first into the deep end, the Trademark Trial and Appeal Board (“TTAB”), recently decided whether a chef’s application to register “JAWS” for an online cooking channel should sink or swim. In re Mr. Recipe, LLC.
The precedential decision is useful for anyone wishing to learn more about the role that a famous trademark, such as the JAWS® film name in this case, can play in the “likelihood of confusion” analysis at the US Patent and Trademark Office.
Social Media Stars and Defamation
This blog recently discussed regular people who have become internet sensations through the use of social media. Chiara Ferragni, for example, started a fashion blog in 2009. She is now a multimillionaire with approximately 5,000,000 Instagram followers. Tay Zonday posted…
Crowdfunding: Advertising an offering’s terms on social media
Background
The Securities and Exchange Commission (“SEC”) adopted the final rules of Regulation Crowdfunding (the “Regulation”) on October 30, 2015. While the final rules have been adopted, they do not become effective until May 16, 2016. The Regulation is meant…
Blog posts, commercial speech and false advertising
In Goodman v. Does, plaintiff Todd Goodman alleged various defamation and federal unfair competition (Lanham Act) claims stemming from postings on the website localdirtags.com, a blog, which was run by the defendant Linda Lagoy. Goodman v. Does 1–10,…
Ninth Circuit extends freedom of the press protection to blogger
The Ninth Circuit has extended an additional level of protection for company publications that take the form of blogs. In reference to the level of fault required to prove liability for an allegedly defamatory posting, the court explained that it…
SPEECH Act – US and Canadian defamation standards
In a case of first impression, the Fifth Circuit recently applied the Securing the Protection of our Enduring and Established Constitutional Heritage Act (“SPEECH Act”) to protect a blogger from a defamation-based default judgment obtained in Canada. 28 U.S.C. §…