False Advertising: The Theory of Necessary Implication and the Presumption that Runs with It

In writing this post, I had hoped to get back to basics and address the elements of a false advertising claim. But when doing so, the proverbial onion layers started to unravel—one of those layers being the theory of necessary implication, being a theory to prove falsities against a competitor under the Lanham Act. And … Continue reading False Advertising: The Theory of Necessary Implication and the Presumption that Runs with It

Part I: Privacy, Puffery, Trust—and—Branding: What Happened to Facebook?

This post is broken into two parts. The first part briefly connects the concepts of trust, branding, and privacy while viewing these abstract concepts through the Facebook lens. The second part will look at how representations can impact branding, examining the fine line between what is an objective, substantiated representation (and what is not, i.e. … Continue reading Part I: Privacy, Puffery, Trust—and—Branding: What Happened to Facebook?

Part II: Losing Credibility Through Selfie Certification

This post builds from a previous post on certifications, titled Credibility Through Certification – UL Standards & Selfie Certifications. That post sought to address the use of UL certifications.  This post takes a closer look at how the Federal Trade Commission (FTC) is cracking down on those companies dubbing their products (and services) as leaders … Continue reading Part II: Losing Credibility Through Selfie Certification

Part I: Credibility Through Certification – UL Standards & Selfie Certifications

Third-party certifications provide credibility to enhance a company’s reputation. But not all certifications are authorized by third-parties. What’s more, instead of using third-party certifications, some companies are creating their own and dubbing their products as leaders in the field without any third-party agency (private or public) providing the proverbial ‘thumbs up’! These certifications are aptly … Continue reading Part I: Credibility Through Certification – UL Standards & Selfie Certifications