Advertising Law

Families of Sandy Hook victims may sue gunmaker over marketing practices, top state court says

The maker of the Bushmaster semi-automatic rifle can be sued over alleged marketing practices that violate the state’s unfair trade practices law, the Connecticut Supreme Court has ruled in a suit by families of Sandy Hook victims. The court said a 2005 federal law insulates gun manufacturers and sellers from…

Mar 15, 2019 7:00 AM CDT

Burger King serves up ‘Big Mac’ trademark battle in European Union

“Big Mac-ish but Flame-Grilled of Course” is one of many new menu options at Burger King in Sweden less than a month after McDonald’s Corp. lost its rights to the trademark “Big Mac” in the European Union. Burger King’s Swedish operation changed its menus to make fun of McDonald’s and…

Feb 7, 2019 4:40 PM CST

9th Circuit blocks ordinance requiring large health warnings on outdoor ads for sugary drinks

An en banc federal appeals court on Thursday blocked a San Francisco ordinance requiring prominent health warnings on billboards and other outdoor ads for sugary drinks.

Feb 1, 2019 9:00 AM CST

Ex-judge who posed as ‘Don Tequila’ sentenced to 6 years in online revenge case

A former judge in Galveston County, Texas, has been sentenced to six years in prison for posting fake ads for sex using photos and phone numbers of two former girlfriends. Christopher Dupuy had used the name “Don Tequila” to buy the ads. He was sentenced on Wednesday for two counts…

Jan 10, 2019 1:39 PM CST

Avvo’s lawyer ratings are protected by the First Amendment, judge rules in false-advertising suit

A federal judge in Manhattan has tossed a would-be class action lawsuit that claimed Avvo gave better ratings and promotional benefits to lawyers who paid for ads. U.S. District Judge John Koeltl didn’t reach a decision on the merits of the better-ratings claim; indeed, Avvo claims its ratings are objectively…

Dec 20, 2018 4:25 PM CST

Federal judge denies Arkansas justice’s bid to halt attack ads by conservative DC group

A federal judge in Little Rock has refused an Arkansas justice’s request to halt attack ads by a conservative Washington, D.C., group that supports her election opponent. In a decision on Thursday, U.S. District Judge Brian Miller said granting the injunction requested by Justice Courtney Goodson would amount to “a…

Nov 2, 2018 12:20 PM CDT

FDA has ‘unreasonably delayed’ graphic warnings on cigarette packs, Mass. federal court rules

The U.S. Food and Drug Administration has unreasonably delayed enforcing a 2009 law calling for graphic warnings on cigarette packages, a Massachusetts federal judge ruled Wednesday. “The court must compel agency action,” Judge Indira Talwani wrote in her decision, reports the Boston Globe. The law requires that color images of…

Sep 7, 2018 1:24 PM CDT

Judge tosses lawsuit claiming Zillow uses Zestimates to funnel website visitors to advertisers

A federal judge in Chicago has dismissed an amended lawsuit that claims Zillow engages in deceptive and unfair business practices by using its sometimes inaccurate “Zestimates” of property value as a marketing tool. U.S. District Judge Amy St. Eve tossed the suit in a May 7 decision, the Chicago Tribune…

May 17, 2018 3:48 PM CDT

Morgan & Morgan apparently settles suit alleging its ads are misleading

A lawsuit alleging Morgan & Morgan was running misleading ads has apparently settled. U.S. District Judge Mark Kearney of Philadelphia issued an order last Friday that dismissed the case based on a stipulation of the parties, the Legal Intelligencer reports. Kearney had previously allowed the case to go forward, though…

May 11, 2018 12:14 PM CDT

Judge has a problem with law firm’s ads, but says rival can’t recover damages

A Philadelphia lawyer isn’t done litigating false advertising cases against law firms, though he wasn’t able to persuade a federal judge last month that Larry Pitt & Associates was entitled to damages for a rival Philadelphia firm’s ad claims.

Mar 13, 2018 7:00 AM CDT

Stop using photo of Justice Ginsburg to portray your ethics advisers, cryptocurrency company is told

A company that promotes cryptocurrency trading software is told to take down a photo of Justice Ruth Bader Ginsburg and other legal luminaries that purports to represent members of its “CodeOfEthics Association.” The Texas State Securities Board issued a cease-and-desist order on Monday to the company calling itself LeadInvest, report…

Mar 2, 2018 2:53 PM CST

Judges refuse to toss suits claiming law firm ads interfered with timeshare contracts

Federal judges in Tennessee and Florida have refused to completely dismiss lawsuits claiming two law firms sought to interfere with timeshare contracts through ads seeking clients who want to dump their timeshares. Both suits were filed by Diamond Resorts International, a timeshare developer managing more than 420 membership resorts, according…

Jan 30, 2018 3:38 PM CST

Can lawyers text potential clients?

Recently, a North Carolina ethics opinion explained that attorneys can advertise through a text message service that provides subscribers a choice of whether to initiate live telephone conversations.

Dec 1, 2017 1:10 AM CST

Suit claims rival law firm copied billboard in effort to trick potential clients

A personal injury law firm in Massachusetts has filed a lawsuit that contends a rival law firm copied the look of its billboard to cause confusion among potential clients. The suit by the Ellis Law Offices claims the rival billboard, created by the Law Offices of Joseph J. Cariglia and…

Nov 28, 2017 8:00 AM CST

ACLU sues DC Metro system for rejecting ‘issue oriented’ ads

The American Civil Liberties Union has sued the Washington Metropolitan Transportation Authority, alleging that its restrictions on “issues-oriented” or controversial advertising on Metro trains and buses violates the First Amendment, the Washington Post reports. The lawsuit (PDF), filed in federal court in Washington, D.C., is on behalf of four plaintiffs…

Aug 10, 2017 12:29 PM CDT