False Advertising

–Susan Perera, Attorney

You see it quite often, phrases like “The Best Car in America” or “America’s Favorite Restaurant” used in advertising.  The Trademark Office does not consider the truth of these statements when considering an application for such a trademark  (which could possibly run afoul with false advertising); instead it focuses on the laudatory

The Federal Trade Commission has published guidelines for advertising mobile applications. In general, the guidelines incorporate the FTC’s policies on truthful advertising and data privacy. On the advertising side, if you make objective claims about your app, then you will need proof to support your claims. The proof necessary to support objective clams is competent

Vice President Joe Biden recently revived popular use of the word “malarkey” or “malarky” — a word that essentially means “nonsense.”

Our DuetsBlog friend Nancy Friedman, author of the award-winning Fritinancy Blog, covered “Malarkey” as the “Word of the Week” earlier this month.

So, imagine my surprise to pass by a restaurant called Malarkys in

–Susan Perera, Attorney

Last week on Marketplace on NPR, there was an interesting story regarding a FDA crackdown on the beauty industry, particularly on cosmetic companies who have begun to market their cosmetic products using drug-like claims.  (Marketplace audio provided below.)

The FDA appears to be concerned about these “cosmeceuticals” which do more than just

Blake Shelton is a brilliant marketer. Whether or not country music speaks to you, for anyone who attended his concert at the Minnesota State Fair this past weekend, it would be hard to deny the chemistry he perfected with his audience. I’ve never witnessed a better concert from the perspective of the storytelling used to

–Dan Kelly, Attorney

I have generally enjoyed Geico’s commercials over the years, having gone so far at one point as to actually become an auto-insurance customer (but not currently).  Geico’s commercials can be viewed on its website here, and the vast majority of them end with the same tagline–one that I have heard frequently

How many of you have experienced the purportedly divine dining experience of Kobe beef?  According to a recent article, the number is probably substantially lower than believed.  According to Forbes, the vast majority of Kobe beef is not, in fact, Kobe beef.  That’s because it is apparenlty unlawful for real Kobe beef to be