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The FCC entered into a settlement late last month with TEGNA, Inc. (“TEGNA”) for $55,000. The case erupted after TEGNA used Emergency Alert System (“EAS”) tones in its television ad promoting the Jacksonville Jaguars NFL team.  The advertisement at issue opened with EAS tones along with sounds of gusting winds and thunder claps, and aired…

A class action lawsuit recently settled with KT Health LLC and KT Health Holdings LLC (“KT Health”). The plaintiffs alleged that certain advertising claims regarding KT Health’s KT Tape (kinesiology tape) was false and deceptive.

Specifically, the plaintiffs alleged that KT Health claimed that its KT Tape “can be used for hundreds of common injuries”…

In June, we covered Daily Fantasy Sports (“DFS”) operators’ major legislative victory in New York: a bill legalizing and regulating their business, ending the potential for an outright prohibition on DFS in the state. That bill’s passage was akin to clinching the pennant.

With the New York Attorney General (“NYAG”) announcing yesterday that it settled…

On October 4, 2016, a federal court dismissed a putative class action against Valve Corporation (“Valve”) regarding its popular eSports game, Counter Strike Global Offensive (“CS:GO”). Specifically, the class claimed Valve violated a host of state laws and the federal Racketeer Influenced and Corrupt Organizations Act (“RICO”).

In their complaint, the plaintiffs alleged that Valve’s…

Earlier this week, a putative class action was brought against the NBA’s Golden State Warriors concerning the team’s mobile application. According to the complaint, the free app provides an interactive experience for fans by delivering scores, news and other information relevant to the Golden State Warriors. The plaintiffs allege that the app contains certain Bluetooth…

From the Stanley Cup to the NBA Championship, there were some major sports victories these last few weeks.  Championship cities celebrated with fans flooding their streets for victory parades.  But one sports victory—a win that without question affects far more fans than those in the Steel City and Cleveland—did not occur on the court or…

It’s fall. And in the professional sports world, that means the National Football League  is back and Major League Baseball is gearing up for its playoffs.

But there are other leagues garnering increased attention as the crisp air rolls in. These are the leagues where no one faces career-ending hits or 100 mile-per-hour fastballs, yet…

Official sponsors of the World Cup call foul as yet another brand owner successfully pulls off an ambush marketing stunt. This week two Dutch women were arrested for organising 36 girls to appear scantily clad in orange to promote the Dutch brewery, Bavaria. Perhaps the brewery were hoping of a repeat of four years ago at the World Cup in Germany when scores of Dutch men were ordered to remove orange lederhosen bearing the name of Bavaria.

This event though is another example in a long list of companies making the most of the tournament’s huge marketing appeal. While official sponsors must of course be protected from such blatant ambush marketing, there is a concern that calls for yet more legal restrictions are disproportionate. (See our full Ad Guide on Ambush Marketing ). Existing law means that stunts such as the ones mentioned above can be stopped. The mere fact that 36 women identically dressed in orange managed to enter the stadium is a failure on the part of the organisers and not the law. Over-reacting and arresting the women in this case is also seen by consumers as heavy handed and only draws attention to the ambush marketer. However, being branded as an ambush marketer seeking to exploit rights without contributing to a major event is also not a good result for most reputable brands either.

However, more worrying for freedom of commercial expression and competition, is the alleged claim that FA sponsor, Mars, is threatening to sue Nestle over the current football-themed Kit Kat campaign. It is hard under UK law to see how such a case could succeed, though it is not helpful that Marketing Magazine suggest that Kit Kat has successfully hijacked the World Cup. Nevertheless it is difficult to see how a claim for passing off could be successful in the UK. Kit Kat has not used any of the World Cup logos or protected marks, nor does the campaign claim directly or indirectly that Kit Kat are sponsors. If such a marketing campaign were attempted however in the run up or during the 2012 Olympics, then the London Olympic Association Right  (LOAR) would mean LOCOG could stop the advertisements by virtue of a mere “association” with the event.…

Continue Reading World Cup Ambush Marketing Pandemonium and Implications for UK