Behind the Scenes

Arent Fox's advertising law blog - latest news and trends in advertising, data security & privacy, and fashion & entertainment.

Behind the Scenes

Product Placement & Distribution

Arent Fox has substantial experience on the legal issues related to product placements in movies, television shows, and in social media. Specifically, we have advised Discovery Channel, Pixar, Apple, and LG Electronics on issues related to the sponsorship, placement, trade-outs, and other means of financing content. Arent Fox has assisted its clients on behalf of trademark holders on the placement of advertising, and has also been involved in the inclusion of the brand in movie and television productions.

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FTC Fires Warning Shot Over Misleading Instagram Posts

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Ninth Circuit Affirms Dismissal of Suit Against Redbox for ZIP Code Collection Practices

What Made News?

The Ninth Circuit has affirmed the dismissal of a putative class action against Redbox, holding that its ZIP code collection practices fall within an exception to California’s Song-Beverly Credit Card Act of 1971 (Song-Beverly Act).

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Being Labeled: FTC Amends Wool Products Labeling Rules

What Made News?

The Federal Trade Commission (FTC) has recently approved changes to its Wool Products Labeling Rules (Wool Rules) in order to allow wool manufacturers and sellers greater flexibility and bring the Wool Rules into line with the Wool Suit Fabric Labeling Fairness and International Standards Conforming Act, as well as the FTC’s textile labeling regulations.

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Court Rules that Size, Placement of Forum-Selection Clause is Pivotal in Microsoft Case

What Made News?

A recent ruling out of West Texas in Mendoza v. Microsoft, Inc., 5:13-CV-00378 (W.D. Tex. March 5, 2014) serves as a reminder that companies must make sure their service agreements and online privacy policies conform to industry best practices, as well as legal requirements. The structure and format of these agreements can be critical to their enforceability and companies should not take any aspect for granted.

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We See What You Did There: Supreme Court Labels ‘Prudential Standing’ as Misleading in Key False Advertising Row

Static Control Components, Inc. may bring a false advertising claim against Lexmark International, Inc. for telling Static Control’s customers that it was illegal to use Static Control chips in refurbished ink cartridges, the Supreme Court ruled in a unanimous opinion authored by Justice Antonin Scalia. The Court’s ruling greases the skids for false advertising plaintiffs, who now face a lower burden in demonstrating prudential standing, and likely has broad-reaching implications for other business litigation.

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Do Clothing Manufacturers Need to Rethink Marketing Tactics for Outlets?

Four members of Congress recently asked the Federal Trade Commission to launch a federal investigation into the marketing practices conducted by outlet stores. They are arguing that because of the way outlets market their products, consumers may be unaware that lower quality items never intended to be sold at the regular retail store are often made available in the retailer’s outlet collection.
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CrossFit Legal Muscle No Match for the “CrossFit Mama”

According to a recent ruling in the US District Court for the Northern District of California, CrossFit may have violated the Digital Millennium Copyright Act (DMCA) by submitting a DMCA takedown request to Facebook based on trademark rights instead of copyrights. The case is a reminder that there are consequences under the DMCA for companies that fail to exercise caution when policing their trademark rights and copyrights on the internet.

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What’s in a Name? A Juice by Any Other Name Does Taste as Sweet, Says The Coca-Cola Company

The US Supreme Court has agreed to consider a dispute between Pom Wonderful (Pom) and The Coca-Cola Company related to whether a drink label can be considered deceptive under federal false advertising laws, but permissible under regulations of the Food & Drug Administration (FDA). A decision in the case could have a significant impact on federal false advertising litigation and potentially force some companies to reexamine their food labeling practices.

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Never Mind the NSA, Privacy Groups Set Sights on Big Retail

With the proliferation of smart phones and other mobile devices, it has never been easier for brands and marketers to collect data about the habits and desires of their customers. But, as a group of major national retail stores recently discovered, the proliferation of data has also led to a renewed sensitivity to consumer privacy.

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Making a List and Checking it Twice: FTC Sends Warning to Online Retailers

Santa’s not the only one who is making a list this holiday season: the FTC is keeping a close watch on online retailers and is warning that misbehaving retailers will be getting lumps of coal in the form of FTC enforcement actions. The holiday dust-up stems from a series of letters that the FTC recently sent out to Internet retailers reminding them of their obligation to ensure that consumers have access to product warranty information before they make their purchases.

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ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.