Karen Butcher

Karen Butcher

Morgan Lewis

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Latest Publications


FTC Issues Updated Guidance on Endorsements Compliance

Companies should revisit their policies for influencer programs for compliance with the updated guidance. Online advertising and promotion first attracted the attention of the Federal Trademark Commission (FTC) in 2009....more

6/24/2015 - Advertising Endorsements FTC Online Advertisements Sales Promotions Social Media Sweepstakes Testimonial Statements

Supreme Court Rules That TTAB Decisions Can Have Preclusive Effect in Infringement Actions

The ruling creates new risks to assess in TTAB litigation strategies. On March 24, the US Supreme Court decided in the case of B&B Hardware, Inc. v. Hargis Industries, Inc. that a decision by the Trademark Trial and...more

3/26/2015 - B&B Hardware v Hargis Industries Issue Preclusion Likelihood of Confusion SCOTUS Trademark Infringement Trademark Litigation Trademark Trial and Appeal Board Trademarks

ICANN News: 500+ New gTLDs Introduced to the Internet

A milestone has been reached in the Internet Corporation for Assigned Names and Numbers’ controversial and ambitious generic top-level domain program. On February 6, the Internet Corporation for Assigned Names and...more

2/16/2015 - Domain Names gTLD ICANN Internet Popular Trademarks

ICANN Publishes Pricing for Trademark Clearinghouse

As ICANN moves toward its expansion of Internet top-level domains, trademark owners should consider strategies to protect their brands. The Internet Corporation for Assigned Names and Numbers (ICANN) has announced the...more

2/6/2013 - Domain Names gTLD ICANN Trademark Clearinghouse Trademarks

Enforcement Implications of Already, LLC v. Nike, Inc.

Brand owner's broad covenant not to sue may render invalidity counterclaims moot. On January 9, the U.S. Supreme Court in Already, LLC v. Nike, Inc. held that a plaintiff trademark owner's dismissal of its infringement...more

1/24/2013 - Already LLC Covenant Not to Sue Mootness Nike SCOTUS Trademarks

Increasing Scrutiny of Consumer Data Collection

Recent FTC and California Attorney General actions highlight the need to reassess privacy policies. The Federal Trade Commission (FTC) recently ordered the data brokerage industry to provide information on the collection...more

1/3/2013 - Attorney Generals COPPA Data Collection Data Protection Delta Airlines FTC Kamala Harris Mobile Apps Notice Requirements Online Privacy Protection Act Parental Consent Personally Identifiable Information Privacy Policy

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