Amie Peele Carter

Amie Peele Carter

Faegre Baker Daniels

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Latest Publications


Brexit: What to Expect and How to Prepare for the ‘New Normal'

The U.K. has voted, in a popular referendum, to leave the EU. The referendum is not legally binding and the result was extremely narrow: 51.9 percent in favor of leaving, 48.1 percent in favor of remaining. This partly...more

6/28/2016 - EEA EFTA EU European Patent Office European Union Trade Mark (EUTM) Fund Managers General Data Protection Regulation (GDPR) Investment Funds Member State Popular Referendums UK UK Brexit

Supreme Court Decides Hana Financial, Inc. v. Hana Bank

On January 21, 2015, the U.S. Supreme Court decided Hana Financial, Inc. v. Hana Bank, No. 13-1211, holding that whether two trademarks are “legal equivalents” creating a single, continuing commercial impression and may be...more

1/22/2015 - Hana Bank Hana Financial Hana Financial v Hana Bank Intellectual Property Litigation Jury Trial Prior Art SCOTUS Tacking Trademark Litigation Trademarks

PTO’s Holiday Gift: Lower Trademark Fees

“The USPTO has issued a final rule notice reducing certain trademark fees. The reductions will benefit the public by lowering the costs of seeking and renewing federal registration. ...more

12/18/2014 - Electronic Filing Filing Fees Trademarks USPTO

Brand Experience

The Atlantic’s recent article, Buy Experiences, Not Things, addresses the fact that while, as consumers, we tend to think we want more material things, what really makes us happy are experiences. Anticipating experiences,...more

10/15/2014 - Brand Trademarks

Supreme Court Decides American Broadcasting Cos. v. Aereo, Inc.

On June 25, 2014, the U.S. Supreme Court decided American Broadcasting Cos. v. Aereo, Inc., No. 13-461, holding that Aereo violates the Copyright Act by streaming near-live copyrighted television programming to subscribers...more

6/27/2014 - ABC ABC v Aereo Aereo Broadcasting Cable Television Providers Copyright Copyright Infringement Public Performance Rights SCOTUS The Copyright Act

Supreme Court Decides POM Wonderful LLC v. Coca-Cola Co.

Petitioner POM Wonderful LLC makes and sells juice products, including a pomegranate-blueberry juice blend. Coca-Cola Company makes a juice blend with a label that prominently displays the words "pomegranate" and "blueberry"...more

6/13/2014 - Advertising Coca Cola FDA FDCA Food Labeling Lanham Act NLEA POM Wonderful POM Wonderful v Coca Cola SCOTUS

Use of Competitor’s Trademark As Trigger for Sponsored Ad is Not Trademark Infringement According to Tenth Circuit

Despite years of litigation over keyword advertising, very few courts have reached the important question whether the use of a trademark solely as a trigger for an advertisement is likely to cause confusion. Last week, in a...more

7/23/2013 - Advertising Contributory Infringement Direct Infringement Infringement Keyword Advertising Likelihood of Confusion Trademarks

Evoking or Infringing? Thicke Seeks DJ against Gaye Estate

Last week, Robin Thicke was among several plaintiffs who “reluctantly” (you don’t often see that word used in a complaint like this) filed a declaratory judgment action against defendants including Marvin Gaye estate seeking...more

7/19/2013 - Copyright Copyright Infringement Declaratory Judgments Standing

US Supreme Grants Cert in False Advertising Case

Today the US Supreme Court granted cert in the false advertising case, Static Control Components, Inc. v. Lexmark Intl., Inc., 697 F.3d 387, 104 U.S.P.Q.2d 1352 (6th Cir. 2012). ...more

6/3/2013 - False Advertising Lanham Act Lexmark Lexmark v Static Control Components Standing

Trademark owners, beware!

Here is a perfect case study for the value in conducting trademark clearance searching before launching a new brand or product – or even using a slogan on a product....more

10/17/2012 - Brand Gap Inc Trademark Clearinghouse Trademarks

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