Stop Using My Mark, Said Dr. Seuss. Not So Fast, Said the Court – it is a Fair Use

As soon as Halloween passes, it seems, Dr. Seuss’ Grinch starts to appear, trying to steal Christmas. There’s the classic TV cartoon version, the movie version starring Jim Carrey, the Broadway musical version, and for 2018, another animated movie version, this one featuring Benedict Cumberbatch as the voice of the Grinch. A Grinch story of … Continue reading Stop Using My Mark, Said Dr. Seuss. Not So Fast, Said the Court – it is a Fair Use

“Made in America” – Don’t Claim it Unless You Can Prove it

Consumers love to “buy American.”  It stands to reason, then, that consumer products companies love to market their products as “Made in America.” Recent settlements between the Federal Trade Commission (FTC) and three different companies illustrate the danger of advertising a product as American-made without proof that the product is, in fact, manufactured in America. … Continue reading “Made in America” – Don’t Claim it Unless You Can Prove it

Challenging False Ads in the National Advertising Division

Your marketing team discovers a competitor’s ad. You want the ad taken down IMMEDIATELY. What are the options? Your first thought might be to sue in federal court.  The National Advertising Division (NAD) offers an alternative forum for challenging false advertisements. Multiple factors could determine whether traditional federal court litigation or a challenge in NAD … Continue reading Challenging False Ads in the National Advertising Division