Tag archives: False advertising

Models’ photos on social media – Second Circuit rules for defendants

By Susan Ross (US) on June 6, 2023 Posted in Trademark

On May 19, 2023, the Court of Appeals for the Second Circuit ruled in favor of defendants in a trademark matter involving unauthorized use of models’ photographs. Souza v Exotic Island Enterprises, Inc., Dkt. No. 21-2149-cv (2d Cir. May 19, 2023) (2023 WL 3556053). Background According to the opinion, a “gentlemen’s club” engaged a third … Continue reading

Stay safe on social media – New ACCC guidelines

By Georgina Hey (AU) on July 31, 2017 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

By Chandler Stephens (US) on December 22, 2016 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

By Andrea Shannon (US) on September 6, 2016 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