Advertising Law

Appeals Court Says Lawyer’s Ad Seeking Plaintiffs Wasn’t Defamatory

A California appeals court has ruled that a lawyer’s ad seeking potential class-action plaintiffs did not defame a company mentioned in the solicitation. The ad said owners of wood decks using galvanized screws made by three companies might be entitled to compensation or free repairs, the Recorder reports. The lawyer…

May 2, 2008 4:28 PM CDT

Fla. Bar Reverses Course, Allows Lawyers to Tout Avvo Rankings

The controversial lawyer-ranking website Avvo is fighting battles on several fronts in its effort to list lawyers in every state. In the most recent skirmish, the Florida Bar’s Standing Committee on Advertising has reversed course and decided that lawyers may tout their Avvo ratings in advertising, the Financial News and…

Apr 25, 2008 2:17 PM CDT

Restrictive DUI Lawyer Advertising Bill Advances in Tenn.

Legislation that would prohibit lawyers from advertising that they offer discounts for anyone charged with DUI has passed through the Tennessee Senate’s Finance, Ways and Means Committee. Lawmakers are apparently reacting to ads in which lawyers claim to specialize in DUI. “What kind of message does that send? Clearly and…

Apr 23, 2008 11:32 AM CDT

Appeals Court Bars Class Action Against Makers of Light Cigarettes

A federal appeals court has tossed an $800 billion class-action lawsuit against the makers of light cigarettes. The 2nd U.S. Circuit Court of Appeals said questions of whether plaintiffs relied on marketing that promoted light cigarettes as a safer alternative could not be resolved in a class action, the New…

Apr 4, 2008 3:49 PM CDT

Judge Dismisses ‘Borat’ Suit, Says Movie Is Vulgar But of Social Value

A federal judge has dismissed a lawsuit filed by a man who was chased down a New York City street by comedian Sacha Baron Cohen in a scene in his move, Borat. The frightened man, Jeffrey Lemerond, contended in his lawsuit that the movie used his image without his consent…

Apr 3, 2008 2:24 PM CDT

Woody Allen Sues Over American Apparel Rabbi Ads

Woody Allen claims in a lawsuit that American Apparel misappropriated his likeness on billboards and online advertising. The $10 million suit says the company used an image from Annie Hall of Allen dressed as a rabbi in ads that ran last year, report the Associated Press and the Wall Street…

Apr 1, 2008 1:06 PM CDT

Court Says Craiglist Not Liable for Biased Housing Ads

A federal appeals court has ruled that Craigslist cannot be held liable for discriminatory housing ads posted on its website. The Chicago-based 7th U.S. Circuit Court of Appeals ruled the Communications Decency Act of 1996 protects the popular Internet classifieds company, the Wall Street Journal reports (sub. req.). The ruling…

Mar 17, 2008 12:49 PM CDT

A Meaty Dispute: Subway Sues Quiznos Over Video Contest Entries

Subway has sued competitor Quiznos over the content of homemade videos submitted in a contest and posted to a website. Quiznos’ contest rules said its sandwiches had to be depicted as superior to Subway’s, the New York Times reports. Subway contends the videos make false claims about its sandwiches, and…

Jan 29, 2008 4:23 PM CST

Suit Claims Dannon Overstates Yogurt Health Benefits

A proposed class action lawsuit contends that Dannon overstates the health value of its Activia and DanActive yogurts. The suit filed in Los Angeles federal court says Dannon’s own studies contradict its ad claims that the yogurts’ probiotics have been clinically proven to regulate digestion and improve the immune system,…

Jan 25, 2008 3:26 PM CST

Supreme Court to Hear Light Cigarette Ad Dispute

The U.S. Supreme Court has agreed to decide whether smokers can sue tobacco companies for allegedly deceptive ad claims for light cigarettes. Philip Morris contends a class-action suit involving Marlboro Lights should be dismissed because it is pre-empted by the Federal Trade Commission’s regulation of cigarette advertising, Dow Jones reports.…

Jan 18, 2008 7:06 PM CST

Lawyer Sues Fla. Bar Over Bad Ad

Five years ago, the Florida Bar reportedly OK’d attorney Bill Harrell’s use of the phrase “Don’t settle for less than you deserve” in his law firm advertising. But now it has determined that the slogan Harrell has been using since 2002 to “brand” his well-known Jacksonville law firm conflicts with…

Jan 9, 2008 9:32 PM CST

Judge Finds BAR/BRI ‘Puffing’ Not Actionable

A New York federal judge has ruled that advertising claims by BAR/BRI were mere puffery that cannot be the basis for a lawsuit. The suit had claimed BAR/BRI engaged in false advertising and caused tens of thousands of law students to overpay for the bar review course. U.S. District Judge…

Dec 13, 2007 3:08 PM CST

Funny Lawyer Ads No Joke in N.Y.

Law firm ads that show attorneys towering over skyscrapers and offering legal advice to space aliens obviously aren’t meant to be taken seriously. But New York’s attorney general isn’t finding them at all amusing, reports Portfolio magazine on its website. In a brief filed yesterday in response to a July…

Dec 4, 2007 11:50 PM CST

Judge: ‘Easy’ Diet Claim in TV Ads Misleading, Violated Order

A television pitchman has been found in contempt of a federal court order, for continuing to make misleading claims in television infomercials about a diet book he authored. Specifically, Kevin Trudeau violated the order by depicting the diet described in his book, The Weight Loss Cure “They” Don’t Want You…

Nov 20, 2007 5:11 PM CST

Counterfeit Case Against eBay May Raise Web Policing Requirements

A federal judge in Manhattan has begun to hear a closely watched case between a renowned jeweler and an Internet auctioneer accused of turning a blind eye to the sale of fakes on its Web site. If Tiffany & Co. is successful in its trademark infringement claim against eBay, not…

Nov 14, 2007 9:46 PM CST