The Time Judge Gorsuch Brought Copyright Law Into the 21st Century

Good news: the newest nominee to the U.S. Supreme Court gets copyright law, including how it does–and doesn’t–apply to emerging forms of digital media. The 10th Circuit’s 2008 decision in Meshwerks v Toyota Motor Sales USA, Inc.–which Judge Neil Gorsuch wrote–is one I’ve cited in this blog several times. Of course, it’s one that comes to mind […]

Second Life Redux: Another Perspective on Potentially Deceptive Advertising in Virtual Reality

Piotr Kulaga, a UX Analyst & Designer in Sydney, Australia, has been reading this blog about as long as anyone. His time in the digital media industry gives perspective, and he shared the following thoughts about my recent post on False Advertising in VR that I thought were worth sharing.  Here they are, reproduced from his […]

Virtual Reality Could Expose Automotive Companies to New Claims of False Advertising

This post also appears on Ahead of the Curve, the definitive law blog for navigating the automotive supply chain, from Warner Norcross & Judd LLP. Automotive suppliers and manufacturers around the world are getting in on the virtual and augmented reality bandwagon. The CEO of Jaguar Land Rover North America, for example, recently revealed that […]

Finding Friends is Fraught With Privacy Peril

Yelp's Loss Spells Legal Trouble for the Mobile App Industry

On Friday, September 8, Yelp became the latest mobile application maker to be held to account for potentially violating users’ privacy. The plaintiffs in a long-running class action lawsuit allege that Yelp and other app developers improperly uploaded address book data from their phones without their consent. The court’s ruling on Friday denied Yelp’s motion for summary […]

Tweet This to Win … a #Nastygram From the NAD

As I’ve blogged about previously, the Federal Trade Commission takes a dim view of contests that encourage consumers to post a message in social media as a means of entering a contest. Its reasoning is that consumers aren’t necessarily endorsing a product or service because the genuinely like it, but rather just as a means to […]

Are Essential Oil Pins Deceptive Advertising?

Of all the social media legal issues I’ve covered, this one hits the closest to home. I first learned about it from my wife, who sells doTERRA brand essential oils and who enjoys pinning information about them to her Pinterest boards. So imagine her unpleasant surprise when she logged in one recent day to discover that […]

Competitor’s Ads Go Too Far? Kick ‘Em into the NAD

What options do you have when your competitor’s advertisements stretch the truth, to your competitive disadvantage? Every business sells something. And they all want to potential customers to notice them–to hear their ads amidst the noisy background of their competitors’ marketing. On top of that, we’ve all come to have certain expectations of advertisements–that they’ll […]