The Fine Print

Urban Outfitters is facing another lawsuit over collecting customers’ ZIP codes in connection with credit card purchases at its retail locations.

The Federal Trade Commission (FTC) recently charged two companies — Fandango, LLC, and Credit Karma, Inc. — with violating the FTC Act by misrepresenting the security of their mobile apps and failing to securely transmit sensitive personal information over the Internet.

The Council of Better Business Bureaus (BBB) recently announced that it will be increasing its enforcement efforts for website operators that participate in online behavioral advertising (OBA), which is targeted advertising to consumers based upon their interests.

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.

Five top stories are making headlines in advertising and promotions.

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).

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.

Some companies are crying foul on keyword advertisements– arguing that the keyword ads are so close to consumer searches that they violate the companies’ intellectual property rights.

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.

The Beastie Boys don’t play games when it comes to copyright infringement. The legendary hip hop band is waging an aggressive legal battle against a company called GoldieBlox that makes engineering toys for girls over what the band claims is copyright and trademark infringement related to its 1987 h

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 FTC hosted a day-long workshop on “native advertising” on December 4th in Washington, D.C.

Already one of the strictest states in the country when it comes to protecting online privacy, California recently passed another law that may require website operators to change their privacy policies.

Recent court decisions suggest that federal law may limit businesses’ legal options to hold an internet service provider liable for harmful or damaging content posted to the Web.

If you’re a business owner thinking about running a promotion on Facebook, your life just got a little bit easier.

Beginning January 1, 2014, websites and online service operators that collect consumers’ personally identifiable information will likely be forced to update their privacy policies to comply with a new law in California.

Companies are advised to thoroughly investigate the companies they hire to manage their online reputations and reviews to ensure that only truthful and accurate reviews and comments from actual consumers are posted online.

On February 28, 2012, The Navajo Nation sued Urban Outfitters, Inc. and its subsidiaries for trademark infringement, dilution, unfair competition, false advertising, unfair practices and state trademark infringement, and violation of the Indian Arts and Crafts Act.

The US Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (TTAB) affirmed a decision rejecting Lululemon Athletica Canada Inc.’s (Lululemon) trademark application for a large version of its logo as used on the front of hooded sweatshirts, jackets and coats.

Two recent defamation cases highlight the risks involved in suing former customers or clients for defamation based on the posting of negative online reviews on Internet review websites such as AngiesList.com and Yelp.com.

Eva Pulliam, a Senior Associate in the Privacy, Cybersecurity & Data Protection Practice Group of Arent Fox, will be a speaking at the Inman Connect New York 2019 conference on January 31st, 2019. She will be featured on the panel, “Big Data and Privacy: Can They Co-Exist?”