We provide tailored, industry-specific legal updates to our clients and other friends of the firm.
Alerts: Advertising Law
Deceptive “Negative Option” Marketing Leads to $4.8 Million Judgment
A California district court has entered a $4.8 million judgment against Swish Marketing, Inc., an online direct marketing company, for deceptive marketing practices involving use of a negative option feature, in which a consumer’s silence or failure to reject an offer is interpreted by the seller as acceptance. Read more.
August 2, 2011
Press Releases
Lisa E. Davis to Receive Women of Power Award
The Natonal Urban League awarded Lisa E. Davis the "Women of Power Award" at its 2011 conference. Read more.
July 26, 2011
In the Press: Quoted
Maura Wogan Cited in NorthJersey.com Coverage of Advertising Dispute
Nonesuch Records, Inc. has filed a federal copyright infringement lawsuit against Valley National Bancorp and its New York City advertising agency, alleging they used The Black Keys' hit single "Tighten Up" in television commercials without permission. Maura Wogan represents the bank and the advertising agency.
July 25, 2011
Alerts: Intellectual Property Law
ICANN Introduces Unlimited Generic Top Level Domains
During a special session held on Monday, June 20, 2011 in Singapore, the board of the Internet Corporation for Assigned Names and Numbers voted to dramatically increase the number of top level domains available on the Internet. Read more.
July 21, 2011
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Alerts: Advertising Law
Blogger Could Not Be Sued By Competitor for Anonymous User Posts
New York's highest court has held that a plaintiff’s claim against a blog operator arising out of allegedly defamatory comments posted to the blog was barred by the "Communications Decency Act". This is the first time the New York Court of Appeals has ruled on a CDA defense. Read more.
July 21, 2011
In the Press: Quoted
Ronald Minkoff Quoted in Thomson Reuters News & Insights
Thomson Reuters News & Insights quoted Ron Minkoff in a T article on legal loopholes that exist within the pending "Clean Up Albany Act of 2011" ethics bill aimed at state legislators.
July 15, 2011
Alerts: Advertising Law
Connecticut AG Launches Investigation into Groupon
In what may be the first regulatory action against the daily deal giant, Groupon, the Connecticut Attorney General has just announced that he has requested information from the company regarding its consumer discount vouchers, or “Groupons”. Read more.
July 15, 2011
Alerts: Advertising Law
Right of Publicity Statute Does Not Apply to Those Who Died Before Its Enactment
An Indiana federal court has ruled that the Indiana right of publicity statute, which has the longest post-mortem period of continuing the right of publicity, does not apply to personalities who died before 1994, the year the statute was enacted. Read more.
July 11, 2011
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Alerts: Advertising Law
The 100 Years After Death Right of Publicity Statute Does Not Apply To Personalities Who Died Before
An Indiana federal court has ruled that the Indiana right of publicity statute, which has the longest post-mortem period of continuing the right of publicity, does not apply to personalities who died before 1994, the year the statute was enacted. Read more.
July 11, 2011
In the Press: Quoted
Frankfurt Kurnit in SHOOT Publicity
The 20th annual AICP (The Art & Technique of the American Commercial) Show took place on June 7 at The Museum of Modern Art in New York City. SHOOT Publicity Wire covered the event, and listed our firm as one of the sponsors.
July 7, 2011
Published Articles
Harry Potter and the Uncommon Award
In a recent decision, a judge in New York assessed $50,000 in sanctions, plus attorneys' fees and costs, against an unknown author who claimed that her copyrights and trademarks had been violated by the publication of the Harry Potter books. Such an award is rarely made in U.S. intellectual property infringement cases. Read more.
July 7, 2011
In the Press: Quoted
Terri Seligman in NYConvergence.com
Frankfurt Kurnit's Gotham Media Ventures breakfast seminar on "The Online Dilemma: Content vs. Commerce" held on July 12 featured Terri Seligman on the panel.
July 1, 2011
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In the Press: Quoted
Gender Balance in Entertainment Law
Variety quoted Amy Nickin on her views of attorneys who are trying to balance the demands of a family and legal career. View Article
June 30, 2011
Alerts: Advertising Law
CARU Tells Paramount to Modify Advertising for “Justin Bieber: Never Say Never”
The Children's Advertising Review Unit of the Council of Better Business Bureaus, Inc. recently recommended that Paramount Pictures Corp. modify or discontinue a television commercial for the film, "Justin Bieber: Never Say Never". CARU said that the commercial was misleading to children. Read more.
June 30, 2011
Alerts: Advertising Law
Advertising Agency Settles Multi-State Attorney General Investigation
Advertising agency Action Integrated Marketing recently entered into a settlement agreement with ten attorneys general, resolving allegations that the advertising agency created advertisements that misled consumers about the origins of cars that it was advertising. Read more.
June 13, 2011
In the Press: Quoted
Rick Kurnit Quoted in the New York Times on ChicoBag Matter
Rick Kurnit was quoted in an article in The New York Times on a lawsuit against ChicoBag, a reusable bag manufacturer, that allegedly made false eco-friendly claims about their products. View Article
June 12, 2011
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Alerts: Advertising Law
FTC Brings First Enforcement Action Against a Consumer
The Federal Trade Commission recently announced that it reached a settlement with a consumer who provided an allegedly false testimonial in an infomercial for the "wealth-building" program "Winning in the Cash Flow Business". Read more.
June 3, 2011
In the Press: Quoted
Mike Frankfurt Featured in Robert Redford’s New Biography
Robert Redford quoted Mike Frankfurt in his new biography (Alfred A. Knopf publishers).
June 3, 2011
In the Press: Quoted
Edward Rosenthal Mentioned in New York Daily News
Our client, Caroline Forsling, is currently pursuing a lawsuit against Estee Lauder claiming the comestics company manipulated her image for an anti-aging ad campagin.
June 2, 2011
In the Press: Praise
Frankfurt Kurnit in Chambers USA: America’s Leading Lawyers For Business 2011
For the seventh consecutive year Chambers USA America's Leading Lawyers for Business recognized Frankfurt Kurnit. Read more.
June 1, 2011
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In the Press: Quoted
Amy Nickin in The Hollywood Reporter
The Hollywood Reporter reported that Warner Bros. recently picked up "The Architect," a thriller written by Amy Nickin's client, Jason Smilovic.
May 27, 2011
In the Press: Quoted
Jeffrey A. Greenbaum Quoted in MediaPost on FTC Online Advertising Guidance
MediaPost quoted Jeffrey A. Greenbaum on how the FTC plans to revamp their online advertising guides to address social media, mobile and other newer platforms.
May 27, 2011
Alerts: Advertising Law
FTC to Update its Guidance about Disclosures in Online Advertising
The Federal Trade Commission ("FTC") announced yesterday that it is updating "Dot Com Disclosures: Information about Online Advertising," its guidance document that advises businesses on how federal advertising law applies to advertising and sales on the Internet. The current "Dot Com Disclosures" guidance is available here. The FTC announced that it is seeking public comment about how its guidance should be modified to reflect the dramatic changes in the online world since the "Dot Com Disclosures" guidance was first published in 2000. Comments are due by July 11, 2011. Read more.
May 27, 2011
In the Press: Quoted
Terri Seligman Quoted in Advertising Age on Facebook Issue
Advertising Age quoted Terri Seligman in an article on the legal aspects of Facebook turning children's posts into advertisements. View Article
May 20, 2011
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In the Press: Quoted
MediaPost Mentions Frankfurt Kurnit’s Alert on Facebook Promotions
MediaPost mentions our alert in their article about Facebook's recent promotions guidelines revisions.
May 18, 2011