From environmental concerns to accessibility in online shopping and the seemingly never-ending battle against counterfeiting, retail issues are making news—and presenting legal challenges to the industry. In this issue, we...more
7/16/2019
/ Accessibility Rules ,
Americans with Disabilities Act (ADA) ,
Cosmetics ,
Counterfeit Goods Regulation ,
Environmental Policies ,
Fashion Industry ,
France ,
Intellectual Property Protection ,
Internet Retailers ,
Mobile Apps ,
Reasonable Accommodation ,
Recycling ,
Regulatory Agenda ,
Regulatory Requirements ,
Retail Market ,
Retailers ,
Trademarks ,
Website Accessibility
While it always has been advisable to seek the assistance of an experienced trademark attorney to handle trademark matters, beginning August 3, 2019 (Effective Date), federal trademark applicants, registrants, and parties to...more
7/10/2019
/ Foreign Trademark ,
Intellectual Property Protection ,
Lanham Act ,
Legal Representatives ,
Madrid Protocol ,
Regulatory Requirements ,
Trademark Application ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
The U.S. Patent and Trademark Office (USPTO) announced a new pilot program on March 6 to allow protests against specimens that have been digitally created, altered, or fabricated. ...more
In a major victory for luxury brands in Europe that could have far-reaching effects on e-commerce sales of luxury products in the future, the European Court of Justice (COJ) recently held that a luxury goods supplier can stop...more
The U.S. Supreme Court yesterday upended the status quo for venue in patent cases. For nearly three decades, with some limitations, corporate patent infringement defendants were deemed to "reside"—and thus venue was proper—in...more
5/23/2017
/ Corporate Counsel ,
Food Manufacturers ,
Forum Shopping ,
Intellectual Property Protection ,
Multidistrict Litigation ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Personal Jurisdiction ,
Principal Place of Business ,
SCOTUS ,
TC Heartland LLC v Kraft Foods ,
Venue
If you are a manufacturer and allow your distributors to use your unregistered trademarks without a contract, the Third Circuit just issued a decision that could help you retain ownership of those marks....more
The U.S. Supreme Court dramatically simplified and expanded the world of fashion and copyrights today, ruling that the chevron striping of a cheerleading uniform (and any other design on clothing, furniture, or other "useful...more
The U.S. Supreme Court unanimously overturned a $400 million damages award against Samsung for infringing Apple's smartphone design patents. In a decision that upsets a long-standing rule for calculating damages for design...more
12/7/2016
/ Apple ,
Apple v Samsung ,
Cell Phones ,
Design Patent ,
iPhone ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Samsung ,
SCOTUS ,
Smartphones
If you have a website, you need to reregister your designated agent with the Copyright Office. If you don’t, you will lose the safe harbor protections for copyright infringement liability afforded by the Digital Millennium...more
If you were concerned that outsourcing the manufacture of your invention before you filed your patent application triggered a "sale" that could put your patent at risk, you can rest easy.
In The Medicines Company v....more
7/14/2016
/ Abbreviated New Drug Application (ANDA) ,
Generic Drugs ,
Hospira ,
On-Sale Bar ,
Patent Applications ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs ,
Suppliers ,
Third-Party Relationships
Straight off the heels of a 2-1 Sixth Circuit decision protecting copyright in design elements of cheerleading uniforms, the U.S. Supreme Court today decided to consider the issue of when a useful article is protectable under...more
The Federal Trade Commission (FTC) has announced an enforcement action against Lord & Taylor, a retail department store, for allegedly deceiving consumers by not disclosing paid endorsements and promotions during a social...more
The recently released Federal Trade Commission staff report, Internet of Things: Privacy & Security in a Connected World, provides companies with insight into the FTC's consumer privacy and data security expectations for the...more
Over the last few years, companies have increasingly recognized the value of design patents, which are directed to the ornamental (non-functional) appearance of a product....more