A visitor to the Nobel Prize-winning physicist Niels Bohr’s home found a horseshoe hanging on the wall. In mock surprise he said to the man of science, “Surely it can’t be that you of all people believe a horseshoe can bring you luck?” “No," replied Bohr. “But I understand it brings you luck whether you believe in it or not.”


The Use of Proper Disclaimers in Ads

We review many ads that contain very prominent headlines designed to catch the consumer’s attention and draw her into the ad to buy the advertised product.  You might ask, “What good is an ad that does not contain a prominent headline, intended to attract attention...

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On May 22, 2018, the Membership of the American Law Institute gave their final approval to the Restatement of the Law, Liability Insurance (“RLLI”). The Reporters for the RLLI were Professor Tom Baker of the University of Pennsylvania Law School and Professor Kyle D....

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Monkey See, Monkey Do, But Monkey Can’t Sue

The Ninth Circuit recently ruled in its case concerning monkey selfie photographs. As many remember, in 2011, while visiting an Indonesian rainforest, nature photographer David Slater left his camera unattended. According to Slater, a monkey known as Naruto, picked up...

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Massachusetts Rifle Ban

Last week the United States District Court for the District of Massachusetts refused to find Massachusetts’ ban on the possession and transfer of assault style rifles unconstitutional. To be clear, assault rifles are already regulated under the National Firearms Act...

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Update: Is Pandora PayPal?

In August of last year, I wrote a blog analyzing the likelihood of confusion factors as applied to the trademark infringement claim that PayPal filed against Pandora based on Pandora’s blue “P” logo. In November the parties reached a settlement agreement and PayPal...

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Sometimes, Lighter is Better

Sometimes four eyes are better than two; and six are even better.  This is how we feel when clearing ads for our clients, hopefully before they are presented to their clients, the advertisers. There are really two things we want to apply accurately: The law and common...

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