The Fine Print

There was good news for those companies that have products with unique designs at the US Patent and Trademark Office (PTO). The PTO found that the design of a monster truck could be protected and registered as trade dress for the “services” offered by the owner.

Tinder, a mobile dating application, recently removed an advertising campaign being conducted on the app by Gap, Inc.

For the first time, the Better Business Bureau (BBB) has added guidance on negative option billing plans to its “Code of Advertising.” The Code governs advertising disputes for the 112 BBB chapters in the US and Canada.

Apple Inc. and other leading technology companies have reached an agreement with the European Union (EU) regarding their use of the word “free” in relation to mobile applications. The EU alleged that the companies were labeling apps as “free” in contexts that were likely to mislead consumers.

The Federal Trade Commission (FTC) recently clarified that its jurisdiction under the Children’s Online Privacy Protection Act (COPPA) does not extend to information collected by state governments or most nonprofits in connection with online educational testing.

Last week, the Footwear Distributers and Retailers of America hosted a briefing on cybersecurity trends in the retail industry.

Focus Education, LLC, a leading provider in the growing market for cognitive improvement products, recently settled with the Federal Trade Commission (FTC) over charges that it was misleading consumers through the use of deceptive advertising tactics.

The Federal Trade Commission (FTC) released a report this week examining the privacy and security implications of the so-called “Internet of Things.”

Recent guidance from Hong Kong’s Privacy Commissioner suggests that Hong Kong may be on the verge of implementing major new restrictions on the cross-border transfer of personal data.

Arent Fox expands Government Relations practice with addition of Senior Government Relations Director Alex Manning. Alex is joining the firm’s Washington, DC office and will advise clients on issues surrounding cybersecurity, privacy, data breaches, tax, trade policy, and immigration.

On January 6, 2015, Federal Trade Commission (FTC) Chairwoman Edith Ramirez delivered a speech discussing best practices for companies in the emerging market of the “Internet of Things,” which refers to the wireless interconnectivity of everyday devices, from home appliances to medical devices.

TRUSTe, Inc., a major provider of privacy certifications for online businesses, recently settled with the Federal Trade Commission (FTC) over charges that it has been engaging in deceptive business practices.

In October 2014, California Attorney General Kamala Harris released the California Data Breach Report, the state’s most recent analysis of data security threats facing businesses and consumers.

Recently, the Federal Communications Commission (FCC) issued a Notice of Proposed Rulemaking seeking comment on proposed updates to its broadcast Contest Rule.

Ikea recently argued that a class action filed against it based on alleged violations of California’s Song-Beverly Act should not be maintained.

The Obama Administration has announced a series of initiatives to address the growing number of data breaches at major retailers.

The Federal Trade Commission (FTC) recently settled with two separate marketers of women’s undergarments over charges that the companies made false and misleading claims about the weight loss and fat burning benefits of caffeine-infused shapewear products.

The Federal Trade Commission (FTC) recently sent out 15 letters warning makers of plastic bags that claims indicating that such bags are “oxodegradable,” “oxo biodegradable,” or “biodegradable” may be viewed as deceptive under the Green Guides.

The Better Business Bureau’s Online Interest-Based Advertising Accountability Program (Accountability Program) recently challenged Best Buy, Yelp, Answers Corp., Buzzfeed Inc., and Go.com over the companies’ failure to provide adequate notice regarding the fact that information was collected from th

The FTC recently announced a significant enforcement action against AT&T Mobility for unlawfully billing customers for unauthorized third-party charges, also known as “cramming.”

The Federal Trade Commission (FTC) recently announced changes to the “Mail or Telephone Order Merchandise” Rule, or the Mail Order Rule, aimed at updating the Rule for the 21st century and easing the costs of compliance.

The outdoor sporting goods company Bass Pro recently agreed to pay $6 million to settle claims that it violated California privacy laws.

In testimony before the US Senate Judiciary Committee earlier this summer, the Federal Trade Commission (FTC) lent its support to federal legislation that would require businesses to obtain “affirmative express consent” from consumers before collecting geolocation data from mobile devices.

The Federal Trade Commission (FTC) announced on September 23, 2014 that it recently completed a nationwide advertising review that resulted in warning letters to more than 60 advertisers.

Thanks to a recently announced change to Facebook’s “Platform Policy,” it will soon become more difficult for companies to get consumers to “like” their Facebook page as part of a promotional campaign. The change will take effect on November 5, 2014.