Venable attorneys in Best Lawyers, protecting consumers from phony Olympic merchandise, and more in this issue of Advertising Law News & Analysis

4 min


Best Lawyers in America Recognizes Venable Ad Attorneys

Ninety-four Venable attorneys were recognized in the 2017 edition of The Best Lawyers in America. Among the Venable attorneys recognized were six partners in the firm's Advertising, Marketing and New Media practice group. Jeffrey D. Knowles, Gary D. Hailey, Stuart P. Ingis, Amy Ralph Mudge, and Randal M. Shaheen maintained their Best Lawyers rankings. In addition, Po Yi, a partner in the firm's New York office, this year joined the list of Venable advertising attorneys recognized by the guide.

Read Venable's press release to learn more about the firm's ranked attorneys.


You Might Want to Bite that "Olympic" Medal

Demand for Olympic merchandise in the United States surges every time the summer and winter Olympics roll around. Officially authorized and licensed gear is readily available in stores and on the Internet; however, every iteration of the Games brings with it a flood of counterfeit Olympic goods as well, write Venable attorneys Marcella Ballard, Po Yi, and Jessica S. Borowick, and summer associate Ethan Mora* in a recent post to the firm's advertising law blog.

The Rio Olympics have, as expected, inspired all sorts of counterfeit Olympic items being sold in the U.S. market, from t-shirts illegally emblazoned with "Team USA," to phony gold medals inscribed with the Olympic rings.

Read the full blog post to learn about the laws that protect consumers and Olympics rights-holders in the United States from counterfeit goods.

*Ethan Mora is a Summer Associate and is not yet admitted to the Bar.

Yet Another TCPA Headscratcher

The U.S. District Court for the District of New Jersey recently dismissed a putative class action alleging violations of the Telephone Consumer Protection Act (TCPA) on grounds that the Court lacked subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1). Yet the one-page dismissal order leaves more questions unanswered than it resolved, write Venable attorneys Daniel S. Blynn, Samuel D. Boro, and Christopher L. Boone in a recent post to the firm's advertising law blog.

In this case, the confusion is not all bad. In Susinno v. Work Out World, Inc., a plaintiff alleged that Work Out World left an unsolicited voicemail message on her cell phone, in violation of the TCPA. The gym made two arguments in its motion to dismiss. It cited the recent Supreme Court decision in Spokeo, Inc. v. Robins, arguing that the plaintiff asserted only "a bare procedural violation, divorced from any concrete harm." It also invoked Campbell-Ewald Company v. Gomez, arguing the case was moot because it provided an offer of judgment and tender of payment in full satisfaction of the plaintiff's claims.

Relying on either argument would have been a boon to the TCPA defense bar and telemarketers. The only problem is that the court gave no indication which argument shaped its decision for the defense.

Read the full blog post to learn more about the Work Out World, Spokeo, and Campbell-Ewald decisions.

Learn more about emerging TCPA litigation trends by reviewing Venable's list of recently filed TCPA cases.

Upcoming Events:

Lead Gen Legal Responsibility and Accountability: A Sit-down

2016 LeadsCon New York Conference

August 23 | The New York Hilton Midtown, New York, NY

Venable partner Jonathan L. Pompan will moderate a panel discussion on "Lead Gen Legal Responsibility and Accountability" at the 2016 LeadsCon New York Conference. The session will focus on reviewing the use of deceptive advertisements to generate leads, deciphering how sensitive consumer data is stored and whom it is shared with, and understanding whether (and the extent to which) publishers and lead aggregators are liable for end users' legal compliance.

Click here to register and learn more.

Electronic Retail Association's 2016 D2C Convention

September 13-15, 2016 | Wynn Hotel, Las Vegas, NV

Venable is proud to sponsor the 2016 ERA D2C Convention, where innovators, marketers, and manufacturers come together to showcase the latest trends in direct response. Be sure to visit Venable in booth #715, learn more about how to ensure your business succeeds during sessions featuring Venable's Jeffrey D. Knowles and Ellen T. Berge, and mingle with our team at the Pre-Moxie Mixer on Thursday, September 15 from 5:30 pm to 7:00 pm.

Be our guest! As our way of welcoming you to the show, register today for $100 off an All Access Pass, or a free Show Floor Only pass, using promotion code EX867217.

Click here to schedule a meeting with Venable at D2C.