Behind the Scenes

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

Behind the Scenes

User-Generated Content

User-generated content promotions create brand loyalty in a community environment. Additionally, these promotions allow fans to express their ideas and enthusiasm about products. For these reasons, many companies are conducting contests and promotions in which consumers develop software applications, commercials, slogans, and other marketing materials for the companies’ use. Our attorneys are well versed in the advertising, intellectual property, publicity, and privacy issues that arise with the use of user-generated content. We understand why you want to use it, and we look for ways to allow you to use it.


Proclaiming Your (Lack of) Independence: FTC Issues Final Order Against Company for Failing to Disclose Financial Relationship with Reviewers

What’s the News?

The Federal Trade Commission’s final order against a video game marketing company for not disclosing that online reviews for games were posted by paid reviewers shows that companies (i) should monitor their paid reviewers and influencers for proper disclosures and (ii) have a compliance system in place to deal with those who do not follow a company’s guidelines.


After SCOTUS Declines CDA Defamation Appeal, Yelp Gives Court 5 Star Rating

The Lead

The Supreme Court gave Yelp and other interactive computer service providers reason to celebrate recently when it quietly declined to hear an appeal of a case charging Yelp with defamation in connection with one of the consumer reviews posted on the site. In refusing to hear the appeal, the Court left in place a Fourth Circuit decision that held that interactive computer service providers like Yelp cannot be held legally responsible for information created and developed by third parties.

The Facts


‘Killing the Password Dead’ and Other Updates in Cybersecurity

The Obama Administration has announced a series of initiatives to address the growing number of data breaches at major retailers. Millions of Americans and thousands of retailers have been the victims of data breaches over the past year, and consumers and legislators alike are increasingly looking for ways to secure sensitive data such as payment card account numbers.


BOGO? More Like ‘No Go’

FTC Brings First Case Under Federal Negative Option Law

What’s Making News?

The Federal Trade Commission (FTC) recently brought its first case under the Restore Online Shoppers’ Confidence Act (ROSCA), a 2010 federal law that prohibits online sellers from charging consumers in an Internet transaction unless the seller has clearly disclosed all material terms of the transaction and obtained consumers’ express informed consent.


Washington State Attorney General Addresses Consumer Protection in the Age of Crowdfunding


Internet Search Results and Rankings Are Speech Protected by First Amendment

* The following article was originally published in Law360.


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.


New COPPA Consent Method Gives Websites Greater Flexibility

The Federal Trade Commission (FTC) recently approved a new method for obtaining verifiable parental consent that could make it easier for companies to comply with the Children’s Online Privacy Protection Act (COPPA) Rule. The COPPA Rule applies to websites that are “targeted” at children under the age of 13 and websites that have “actual knowledge” that they are collecting personal information directly from users of another website or online service directed to children (covered websites).


Google Dodges a Bullet: Plaintiffs Lack Standing to Sue Over Co-Mingled Data

According to the US District Court for the Northern District of California, Google’s co-mingling of the personal identification information (PII) it collects from users across multiple product platforms does not create an injury sufficient to grant standing to sue in federal court. Merely alleging that Google profited off users’ data is not enough. Rather, plaintiffs must allege some specific economic deprivation resulting from the use of the data.


Searching for Answers over Keyword Searches: CDA Blocks State Law IP Claims

By now, most consumers are familiar with those sponsored links that appear on Yahoo!, Google, or Bing after they search for something on the Internet. Those “keyword” advertisements are a significant source of revenue for the online search engines, appearing on consumers’ computer screens next to the “organic” search results when consumers type in relevant phrases or terms. The ads work because they are designed to mirror the consumer’s search and ideally to provide the consumer with exactly what they were looking for.


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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.