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US Supreme Court to Review Standard for Copyright Protection of Clothing

The decision in this case will clarify the conceptual separability test and could offer broader protection for useful articles. The US Supreme Court granted certiorari on May 2 in Star Athletica, L.L.C. v. Varsity...more

FTC Complaint Highlights the Need to Disclose Material Connections in Ads

The recent complaint highlights the importance of clearly and conspicuously disclosing material connections between advertisers and paid influencers, including in social media posts or in native ads. ...more

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

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

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

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

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

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