Tag archives: False advertising

Social media and corporate executive responsibility

Photo of Susan Ross (US)By Susan Ross (US) on Posted in Litigation
Corporations that sell to consumers and are subject to consumer lawsuits commonly receive deposition demands for top executives. Corporations can frequently defeat these demands by showing that the executives did not participate or have control over the matter at issue. But a recent ruling from a federal trial court in California demonstrated how controlling social … Continue reading

Stay safe on social media – New ACCC guidelines

Photo of Georgina Hey (AU)By Georgina Hey (AU) on Posted in General
Businesses shelling out big bucks for prime advertising space are used to paying close attention to content, for the sake of the bottom line as well as out of respect for consumer law. However, it may not feel as natural and cost-effective to apply the same scrutiny to an Instagram caption. Why invest the business resources … Continue reading

FDA Proposes New Research on Social Media Promotion of Prescription Drugs

Photo of Chandler Stephens (US)By Chandler Stephens (US) on Posted in General
The U.S. Food and Drug Administration (“FDA”) regulates the use of social media to disseminate information about prescription drugs and medical devices. Our blog previously covered the social media guidance released by the FDA in 2014, and a sampling of Warning and Untitled Letters that the FDA has issued to drug manufacturers advertising on Twitter, … Continue reading

That’s My Mark! Enforcing Trademark Rights on Social Media

Photo of Andrea Shannon (US)By Andrea Shannon (US) on Posted in Trademark
It is no doubt surprising and frustrating for brand owners when they find that someone has appropriated their trademarks on social media. A few of the common scenarios include: small competitors modifying logos and passing them off as their own; unauthorized distributors using logos and trademarks on their social media advertising; and social media users … Continue reading

Blog posts, commercial speech and false advertising

Photo of Heather SherrodBy Heather Sherrod on Posted in Defamation, Social media policies
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, No. 4:13–CV–139, 2014 WL 1310310 (E.D.N.C. Mar. 28, 2014). The court noted that Goodman, who was a licensed … Continue reading
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