Ad Law Access

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

Supreme Court Confirms Profits Remedy in Trademark Cases is Not Conditioned on Proof of Willfulness

Yesterday, the Supreme Court issued a much-awaited opinion holding that a plaintiff is not required to prove willful infringement in order to seek a trademark infringer’s profits under the Lanham Act . This decision…

Mraz Sues Festival Sponsor Over Use of Footage

Last week, Grammy Award-winning singer-songwriter Jason Mraz filed a lawsuit against MillerCoors, arguing that the company used his song “I’m Yours” in an Instagram post promoting Coors Light without his consent. The…

New Article on Whether A Single FTC Commissioner Constitute A Quorum

FTC Commissioner Terrell McSweeny is scheduled to resign effective April 28 and may leave with acting Chairman Maureen Ohlhausen as the sole commissioner. Law360 published an article by partner John Villafranco and…

Embedding Tweets May Be Copyright Infringement

Most companies understand they should obtain a license before using a photograph in an advertising campaign or on printed materials. And yet companies may not think twice about embedding images from a tweet or social…

Be Careful When Marketing Around the Olympics

As consumers get ready to watch the 2018 Winter Olympic Games, some companies are getting ready to capitalize on the public enthusiasm. Many marketers want to incorporate Olympics-related themes – ranging from overt…