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Justin Ferrone Image

Justin Ferrone

is a litigation associate at at Debevoise, whose practice concentrates on complex civil litigation, employment litigation and intellectual property disputes. His practice includes litigation and counseling on employment issues, including reductions in force and terminations, as well as trademark, false advertising, and various commercial issues disputes, and he has litigated cases in federal and state court and before the National Advertising Division of BBB National Programs.

For more information or to contact Justin, please visit his Firm Profile Page.

Recent Articles by Justin Ferrone

Infringing Influencers? Federal Judge Says Sponsored Blogger Can Face Trademark Infringement Liability

When an influencer is paid to promote a brand – and the brand’s name is trademark-infringing – can the influencer be on the hook for the infringement? A federal district court just said yes. The result could widely expand trademark litigation against influencers – and could reshape how companies and their influencers relate to one another contractually.

National Advertising Division Says Pre-Launch Investor Presentation Can Be Challenged Under Advertising Law

It has long been a fundamental tenet of advertising law that comments made to investors, and particularly those made before the commercial launch of a product or service, do not constitute the kind of “advertising” that is regulated by the Federal Trade Commission (FTC) or the National Advertising Division of the Better Business Bureau (NAD), and are outside the reach of the Lanham Act. That is because advertising law regulates communications that propose a commercial transaction; in contrast, the securities laws govern communications to investors that are designed to promote investments. A recent decision from the NAD has put a big crack in that jurisdictional wall, and threatens to breach the dam that has long shielded comments made in investor presentations from potential liability for false advertising.