Category Archives: First Amendment

Naturally, litigation results from unsupported advertising claims and undefined terms.

The WSJ Corporate Intelligence blog has an interesting article today that highlights the risks inherent in un-vetted advertising claims.  Apparently Proctor & Gamble took issue with “99% Natural” claim that toothpaste maker Hello Products, LLC was making with respect to its toothpastes which come in unusual flavors (for toothpaste) like pink grapefruit mint and mojito […]

Fair use ruling for Richard Prince stands, Supreme Court declines to hear Patrick Cariou’s appeal

The US Supreme Court has declined to hear Patrick Cariou’s appeal requesting a rehearing of his case against Richard Prince. The decision came one week after district court Judge Deborah Batts* accepted amicus briefs from the Andy Warhol Foundation for the Visual Arts and the Rauschenberg Foundation encouraging consideration of the opinions of art historians […]

Using the term Natural in food advertising? Products claiming to be ‘au natural’ may need to meet a higher standard

“My food is more natural than your food” lawsuits have been bountiful in the last few years. Following this trend is a “food advertising modernization” bill, HR 3147, introduced by U.S. Representatives Pallone and DeLauro, that would require advertisers who claim their products are ‘All Natural’ to prove that the food does not contain synthesized artificial ingredients that […]

Can Newsworthiness fade away? A tabloid figure of the 1970’s loses her fight for privacy.

Joyce McKinney allegedly kidnapped and raped a Morman missionary dubbed the Morman Sex Slave by the Daily Mirror. McKinney was the Diaper Wearing Astronaut of her time. Tabloid media’s entertainment value comes from invading the personal lives of notable and notorious people. Invasion of privacy laws protect people from injury from unwanted attention. Public figures like elected officials […]

Appropriation of famous logo is trademark infringement? You be the judge.

Banksy on branding. The elusive street artist is seemingly frustrated with his own commercial success. To him great street artists need to remain criminal to keep their art pure. Most appropriation art could violate commercial law but is not criminal, unless it involves a violation of Copyright law’s DMCA. The image above is not a copyright infringement, but is potentially trademark infringement and dilution of […]

Distasteful criminal case sheds light on liability for violent user generated content

A New York court convicted the “Cannibal Cop” trial in for conspiracy to kidnap, murder and eat women for pleasure based on postings made by the defendant on darkfetish.net. The defendant intends to appeal. The question on appeal boils down to whether the defendant’s online fantasy role play provided the mens rea (criminal intent) to conspire […]