Ad Law Access

Updates on advertising law and privacy law trends, issues, and developments

Breaking the Sham Barrier in Yeager v. Bowlin

Two recent Ninth Circuit Court of Appeals decisions in Yeager v. Bowlin, Nos. 10-15297 and 10-16503 (9th Cir. Sept. 10, 2012), a Lanham Act and right-of-publicity dispute between legendary test pilot Gen. Charles…

NAD Recommends an Advertiser Modify its Green Claims

Last month, the FTC issued a revised version of their Green Guides and a warning that they would closely scrutinize environmental claims. If you think the odds that the FTC will find your claims is low, you should…

NARC Announces Re-Branding and Increase in NAD Filing Fee

The National Advertising Review Council announced that, as of April 23, 2012, it will be re-branded as the Advertising Self-Regulatory Council and have a new web address . Also as of that date, the CBBB National…

Insurance Coverage for Lanham Act False Advertising Claims

A recent article, “ Insurance Coverage for False Advertising Claims,” which was published in the March 2012 issue of Insurance Coverage Law Bulletin, discusses some of the caselaw holding that insurance companies are…

Third Circuit Indicates Judicial Disenchantment With Consumer Survey Evidence

On August 4, the United States Court of Appeals for the Third Circuit rendered its unanimous decision in Pernod Ricard USA, LLC v. Bacardi USA, Inc., holding that a consumer survey need not be considered when a label…