We continue to monitor lawsuits that lie at the intersection of street art, fashion and advertising. Previous issues of Kattison Avenue and Katten Kattwalk have covered the risks that generally come with using street art on...more
Court applies Polaroid factors to determine likelihood of confusion -
In our Fall 2021 issue, we reported on the Second Circuit's decision in 1-800-Contacts, Inc. v. Federal Trade Commission, 1 F.4th 102 (2d Cir. 2021). In...more
Kattison Avenue examines the latest topics in advertising law affecting today's advertisers, advertising and promotions agencies, technology developers, content producers and entertainment companies.
...more
At first blush, the recent lawsuit filed by a toy inventor against toy and game company, Hasbro, would seem to have little to do with the advertising industry. In fact, however, the decision by the Southern District of New...more
Apropos of points made in “Do Not Pass ‘Go,’” a graphic designer filed an idea theft suit against Nike, Inc. in the US District Court for the Southern District of Texas. In the March 31 suit, the graphic designer claims Nike...more
Kattison Avenue examines the latest topics in advertising law affecting today's advertisers, advertising and promotions agencies, technology developers, content producers and entertainment companies.
...more
Vehicle manufactures and their ad agencies really love to show off their driving machines in action. Television commercials depict sturdy, reliable trucks hauling tons of cargo; four-wheel drive SUVs navigating perilous...more
New York Proposes Significant Regulation for Fashion Industry: The ‘Fashion Sustainability and Social Accountability Act’ -
On January 7, New York State Senator Alessandra Biaggi and Assemblywoman Anna R. Kelles introduced...more
1/27/2022
/ Coronavirus/COVID-19 ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Intellectual Property Protection ,
Likelihood of Confusion ,
New York ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vaccinations
On October 13, the Federal Trade Commission (FTC) put more than 700 US companies on notice not to deceive consumers by, among other things, falsely claiming an endorsement by a third party, misrepresenting that an endorser is...more
Over the past year, I've carefully followed the increase in litigation brought by artists against retailers — clothing brands, automotive brands, and food and beverage chains — for the alleged copying of their distinctive...more
Letter From the Editor -
As summer wanes and we begin a new academic year amidst ongoing uncertainty, we are reminded that the only constant is change. This issue of Kattison Avenue considers the latest changes in the...more
9/20/2021
/ Advertising ,
Federal Trade Commission (FTC) ,
Influencers ,
Made in the USA ,
Marketing ,
Mobile Apps ,
NCAA ,
Online Endorsements ,
Social Media ,
Trademark Infringement ,
Trademarks ,
Websites
Advertising on the Internet is big business. It can also be cutthroat. One way companies market their goods and services online is via “search advertising.” When an online shopper uses a search engine, the search engine’s...more
In our Summer 2021 issue, we reported on the trademark infringement lawsuit filed by artist Christophe Roberts against Puma North America, Inc., in which the artist claimed that the athletic retailer wrongfully made use of...more
Dark Patterns Come to Light in California Data Privacy Laws -
Imagine this scenario: You are navigating through a website or watching an in-app ad, when suddenly you are redirected to a subscription page, even though you...more
5/13/2021
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Commercial Bankruptcy ,
Data Privacy ,
Data Protection ,
Federal Trade Commission (FTC) ,
FTCA Section 13(b) ,
Graphic Designs ,
Intellectual Property Agreements ,
Intellectual Property Litigation ,
Intellectual Property Protection
Kattison Avenue examines the latest topics in advertising law affecting today’s advertisers, advertising and promotions agencies, technology developers, content producers and entertainment companies.
...more
Kattison Avenue examines the latest topics in advertising law affecting today’s advertisers, advertising and promotions agencies, technology developers, content producers and entertainment companies.
...more
Gambling With Graffiti: Using Street Art on Goods or in Advertising Comes With Significant Risks -
Graffiti. Guerrilla Art. Street Art. Aerosol Art. Tagging. It appears on the sides of buildings, highway signs, boundary...more
8/5/2020
/ Acquired Distinctiveness ,
Advertising ,
Appeals ,
Booking.com ,
Domain Name Registration ,
Domain Names ,
Gambling ,
Generic Marks ,
Illegal Gambling ,
Intellectual Property Protection ,
Lanham Act ,
Marketing ,
Online Gaming ,
Price Gouging ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
On March 4, the US Supreme Court resolved a circuit split and held that, with limited statutory exceptions, the issuance of a registration from the Copyright Office is a prerequisite to filing a claim for infringement. See...more
3/8/2019
/ Appeals ,
Copyright ,
Copyright Infringement ,
Copyright Registration ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
Petition for Writ of Certiorari ,
SCOTUS ,
Solicitor General ,
Split of Authority ,
The Copyright Act ,
Uniformity
On August 28, 2013, the founder of the classic rock band BOSTON and the owner of all of its trademarks lost a bid to prevent the band’s former lead singer from using the name BOSTON in connection with his ongoing musical...more
42, 127 Hours, Act of Valor, Argo, Dolphin Tale, Fair Game, Green Zone, I Love You Philip Morris, Moneyball, People Like Us, Sanctum, Secretariat, Soul Surfer, The Bling Ring, The Fighter, The Runaways, The Whistleblower,...more
7/8/2013
/ Consent ,
Defamation ,
Electronic Arts ,
False Light ,
First Amendment ,
Football ,
Free Speech ,
Libel ,
Misappropriation ,
Right of Publicity ,
Video Games