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Amazon Fights Injunction in FTC Action Over In-App Billing Practices

Practical Guidance In-app purchasing remains a priority for regulators.   Companies with mobile apps should incorporate password protection and informative prompts to obtain informed consent from account owners for in-app purchases. What the News?, Inc.

Importer Information: ACE Transition Delayed; Updated Timeline

This alert brings you recent developments affecting importers at US Customs and Border Protection (CBP). The developments affect how importer information is filed with CBP.   You will be impacted if you electronically submit entry or entry summary data to CBP. Groups most likely to be impacted include importers, brokers, self-filers, or software providers.  

CFPB: Get Proper Consent for Recurring Debit Transactions, or Else!

As 2016 gets underway, companies should be mindful that regulators are paying close attention to automatic recurring debit transactions. If reviewing your recurring debit transaction consent procedures was not already one of your New Year’s resolutions, it may be worth making it a late addition.

Arent Fox Wins Lawsuit Protecting Diesel From Websites Selling Counterfeit Products

Washington, DC — Earlier this month, Arent Fox LLP secured a victory for Diesel S.p.A. after a federal court granted default judgement in a lawsuit the Italian clothing company filed against nine John Doe defendants operating 83 cybersquatting websites that sold counterfeit products appearing to carry the internationally recognized label.

Deal or No Deal? Class Action Alleges Macy’s Offered Misleading Sale Prices

What’s the News? Macy’s, Inc. and subsidiary Bloomingdale’s, Inc. were recently served with a class action complaint alleging that the retail chains misled consumers with a “phantom pricing scheme” that inflated the savings available on items marked for sale. According to the complaint, the stores listed artificially high “regular” prices on “sale” items, increasing, by comparison, the savings that consumers believed they were receiving.

Is It or Isn’t It? FTC Issues Guidance to Companies on Native Advertising

The Federal Trade Commission recently issued its long-anticipated guidance on native advertising. While the policy statement and its related guidance are new, the FTC emphasized that it has been regulating native advertising under Section 5 of the FTC Act since 1967 and that this policy document and guidance is a summary of the principles that it has developed over the years. While the FTC has been regulating native advertisements for decades, the issuance of this guidance indicates that the FTC will be making regulation of native advertising a priority in 2016.  

Better Off Without It: FTC Telemarketing Sales Rule Amended to Ban Abusive Payment Methods

The Federal Trade Commission (FTC) amended its Telemarketing Sales Rule at the end of 2015 to ban certain forms of abusive payment methods. The amended rule now bans four previously allowed methods of payment that the FTC determined were commonly used in abusive telemarketing operations.  The banned forms of payment include: remotely created checks, remotely created payment orders, cash-to-cash money transfers, and cash reload mechanisms.

Testing “First Sale” Waters: Costco Faces Trademark Suit Over Sale of Fashion Swimwear Brand

Costco is defending a trademark infringement lawsuit over its sale of Anne Cole swimwear, an iconic line of women’s swimwear that has been sold in the US for over 30 years. The suit will likely turn on the scope of the “first sale” doctrine—which shields resellers of genuine trademarked products from liability for trademark infringement—and whether the manner in which Costco displays the products is likely to mislead consumers as to their source.  

Empire vs. EMPIRE: Fox Defends Its Hit Television Series Against Lanham Act Claims

What’s the News? Twentieth Century Fox Television recently filed a motion for summary judgment in a dispute with record label Empire Distribution, Inc. over the name of Fox’s popular television series Empire. Empire Distribution has alleged that Fox’s use of “Empire” in the show’s title and on its soundtracks constitutes trademark infringement under the Lanham Act, but Fox claims that it is shielded from any such claims by the broad protection afforded to “expressive works” under the First Amendment.  

FTC Says Retailers Bamboozled Customers with Misleading “Bamboo” Products

What’s the News? The Federal Trade Commission has a reached a settlement agreement with several major retailers, including Nordstrom, Bed Bath & Beyond, and JCPenney, over claims that they improperly labeled and advertised rayon products as being made of bamboo. According to the FTC, rayon—a chemically manufactured fiber that is sometimes created from bamboo—is not the same as bamboo, making the companies’ “bamboo” claims improper. In addition to injunctive relief, the companies have agreed to pay over $1 million dollars under the settlement.