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Note:This website is where you can find advertising law information based on archived news briefs from past issues of Advertising Compliance Service. These archived advertising law-related news briefs were published in Advertising Compliance Service in January 2003.





Advertising Disclosures
Car Ads
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Children's Ads
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Infertility Svcs.
Made in USA #1
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Made in USA #3
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MLM #1
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Precious Metals
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Timeshare Tips
Use of Word "Free"
Vacation Plans
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Yellow Pages

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As we reported in the last issue, the Eighth Circuit affirmed the district court's judgment in this recent trademark action involving a 1-800 number. (See Advertising Compliance Service, "Trademark Action Involves 1-800 Number," Tab #12, Trademark, Copyright, Article #44.) It looks like this is the end of the line for this litigation. Thomas C. Mahlum, Associate, Robins, Kaplan, Miller & Ciresi LLP (Minneapolis, MN) told Advertising Compliance Service that "The opportunity to ask for a rehearing has passed. I doubt that they'll appeal to the U.S. Supreme Court. They have given me no indication that they will proceed any further." Mr. Mahlum was one of the attorneys representing Donald H. Bloom and MBZ Communications, Inc. (Defendants - Appellees). DaimlerChrysler AG and Mercedes-Benz USA, Inc. were the Plaintiffs - Appellants.

(See: DaimlerChrysler AG; Mercedes-Benz USA, Inc. v. Donald H. Bloom; MBZ Communications, Inc., No. 01-3700, United States Court of Appeals for the Eighth Circuit, 2003 U.S. App. LEXIS 291, January 9, 2003.)


According to FTC, companies collected detailed personal information from students as young as 10 years old by deceptively claiming that they would use the data only for educational purposes. These companies agreed to settle FTC charges that their practices violated federal law. FTC alleged that the companies sold personally identifiable information about millions of students to target marketers. The proposed consent agreement requires that the companies destroy any information they have collected from children under 13 years old. In addition, the settlement bars the respondents from using previously collected student information for non-educational-related marketing purposes; bars them from using data collected in the future for non-educational-related marketing purposes unless they disclose how the data actually will be used; and bars further deceptive statements.

NOTE: A consent agreement is for settlement purposes only and does not constitute an admission of a law violation. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of $11,000.

(Education Research Center of America, Inc., File No. 022 3249, January 29, 2003.)
















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