The U.S. Supreme Court unanimously rejected a First Amendment challenge to the "names clause" of the Lanham Act on June 13, 2024. See Vidal v. Elster, No. 22-704. The names clause prohibits federally registering a trademark...more
If your business currently uses artificial intelligence (AI), is considering using AI in the future or is concerned about how AI may impact your business, the U.S. Copyright Office wants to hear from you. Earlier this year,...more
The U.S. Supreme Court issued a decision on June 29, 2023, addressing the scope of federal trademark law on conduct occurring outside of the United States. The case, Abitron Austria GmbH v. Hetronic International, Inc.,...more
7/10/2023
/ Abitron Austria GmbH v Hetronic International Inc ,
Extraterritoriality Rules ,
Foreign Jurisdictions ,
Foreign Sales ,
Intellectual Property Protection ,
International Trademark Protection ,
Lanham Act ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Use in Commerce
Information must be "secret" or not generally known to have value as a trade secret, and value cannot be based upon general company revenue or sales price alone. As a result, owners of trade secrets must take reasonable...more
The U.S. Supreme Court on June 8, 2023, ruled unanimously that a parody of a Jack Daniels whiskey bottle in the form of a dog chew toy was not entitled to receive heightened protections even if it contained artistic or...more
6/13/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Dilution ,
First Amendment ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Likelihood of Confusion ,
Parody ,
Rogers Test ,
SCOTUS ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
The Director of the U.S. Patent and Trademark Office (USPTO) has notified the Trademark Public Advisory Committee (TPAC) of the USPTO's intent to restructure existing trademark fees and released its preliminary trademark fee...more
Yuga Labs Inc. (Yuga) – the creator and marketer of the well-known "Bored Ape Yacht Club" collection of nonfungible tokens (NFTs), referred to as Yuga Bored Ape images – filed a complaint in July 2022 against conceptual...more
4/6/2023
/ Anti-SLAPP ,
Artists ,
Copyright ,
Counterclaims ,
Declaratory Judgments ,
DMCA ,
Infringement ,
Intentional Infliction of Emotional Distress ,
Logos ,
Misrepresentation ,
Non-Fungible Tokens (NFTs) ,
Third-Party ,
Trademarks ,
Transformative Use
Non-fungible tokens (NFTs) serve as agile mechanisms to verify an underlying asset's authenticity and/or ownership linked with it. For now, minting NFTs to commercialize digital artwork on blockchain domain names continues to...more
1/16/2023
/ Artificial Intelligence ,
Artistic Works ,
Blockchain ,
Brand ,
Copyright ,
Corporate Branding ,
Digital Assets ,
Fashion Branding ,
First Amendment ,
Intellectual Property Protection ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Trademark Infringement ,
Trademarks
Like human intelligence, artificial intelligence (AI) can recognize patterns, predict outcomes, analyze complex problems and even equalize – or surpass – human creativity. Tech-generated innovative and creative processes are...more
12/16/2022
/ Art ,
Artificial Intelligence ,
Commercial Use ,
Copyright ,
Data Collection ,
Data Privacy ,
Derivative Works ,
Intellectual Property Protection ,
International Data Transfers ,
Irreparable Harm ,
Machine Learning ,
Patents ,
Photographs ,
Popular ,
Right of Publicity ,
Trademarks
Trademark enforcement best practices in the NFT landscape continue to evolve. A court in Italy granted an injunction in favor of the Italian soccer team Juventus based on the unauthorized use of its well-known trademarks in...more
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics.
HIGHLIGHTS:
..Writing NFT Trademark Applications That Protect Brands Emerging...more
7/6/2022
/ China ,
Employer Liability Issues ,
Insurance Claims ,
Litigation Insurance ,
Lottery ,
Metaverse ,
Non-Fungible Tokens (NFTs) ,
Sexual Harassment ,
Social Networks ,
Sweepstakes ,
Trademarks
The U.S. Court of Appeals for the Federal Circuit on June 1, 2022, issued an order in favor of Barclays Capital Inc. (Barclays) in relation to its opposition to a trademark application for LEHMAN BROTHERS. The court affirmed...more
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics.
HIGHLIGHTS:
..SEC Releases Proposal to Enhance Disclosures for SPACs and De-SPAC...more
5/3/2022
/ Biden Administration ,
China ,
Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Intellectual Property Protection ,
Mandatory Arbitration Clauses ,
Metaverse ,
Popular ,
Securities and Exchange Commission (SEC) ,
Sexual Harassment ,
Special Purpose Acquisition Companies (SPACs)
Businesses regularly lose revenue because of inadequate online brand enforcement. At the same time, online marketplace consumers regularly purchase counterfeit products without ever knowing that they purchased a fake. Sales...more
The U.S. Trademark and Patent Office (USPTO) has experienced a significant rise in the number of trademark applications to protect goods and/or services in a virtual sphere. These primarily include applications related to...more
For many years, companies and individuals filing applications to register trademarks at the U.S. Patent and Trademark Office enjoyed a rather quick examination process. Examining attorneys at the Trademark Office reviewed...more
Intellectual property courts and offices across North and South America are implementing steps to help contain the spread of the COVID-19 disease. Holland & Knight's Intellectual Property Group has created a reference sheet...more
Over the past few years, the U.S. Patent and Trademark Office (USPTO) has experienced an uptick in filings of trademark applications from entities outside the United States, especially from China, that do not appear to have a...more
Wage and Hour -
Tenth Circuit Aligns with Cumbie on Tip Credits -
In Marlow v. New Food Guy, Inc., No. 16-1134, 861 F. 3d 1157 (10th Cir. June 30, 2017), the court affirmed the district court's ruling, consistent with...more
8/11/2017
/ Alcohol Beverage Control ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Beverage Manufacturers ,
Department of Labor (DOL) ,
Disability Discrimination ,
Disparagement ,
Equal Employment Opportunity Commission (EEOC) ,
Evaporated Cane Juice ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Joint Employers ,
Likelihood of Confusion ,
Medical Marijuana ,
NLRA ,
NLRB ,
Pattern or Practice ,
Reasonable Accommodation ,
Restaurant Industry ,
Staffing Agencies ,
Standing ,
Tip Credit ,
Trademarks ,
Unfair or Deceptive Trade Practices ,
Unions ,
Wage and Hour
Legalized Drug Use Impacts the Food and Beverage Industry -
In the November 2016 general election, voters in Arkansas, Florida and North Dakota amended their state constitutions to authorize the use of marijuana for...more
3/15/2017
/ Affordable Care Act ,
Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Ban the Box ,
Breach of Contract ,
City of Los Angeles ,
Colombia ,
Comment Period ,
Criminal Background Checks ,
Dunkin' Donuts ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Chance Initiative for Hiring Ordinance (FCIHO) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Form 1095 ,
Franchise Agreements ,
Hiring & Firing ,
Intellectual Property Protection ,
Interference Claims ,
IRS ,
Logos ,
Marijuana ,
Medical Marijuana ,
Misleading Statements ,
New Legislation ,
Reporting Requirements ,
Restaurant Industry ,
Summary Judgment ,
Trade Dress ,
Trademark Infringement ,
Unfair Competition
Key Issues Facing Food Retailers -
Compliance and Cybersecurity: Consero Group surveyed the general counsel of Fortune 1,000 companies in June 2015 and learned that 60 percent still lack the proper preparation for a...more
1/27/2016
/ Beer ,
Blue Apron ,
Breweries ,
Cybersecurity ,
Excise Tax ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Marketing ,
Natural Products ,
On-Demand Services ,
Popular ,
Tips ,
Wage and Hour
Next month, intellectual property owners will have the benefit of a permanent federal rule that provides for the disclosure of information essential to blocking counterfeit goods from invading the domestic market. The rule,...more
For companies based in the United States, doing business in Cuba and Iran is no longer a completely far-fetched notion. In Cuba, the relaxing of the embargo promises to make this island neighbor of the U.S. available for...more
8/31/2015
/ American Red Cross ,
Brand ,
Cuba ,
Embargo ,
International Trademark Protection ,
Iran ,
Madrid Protocol ,
Sanctions ,
Secondary Boycott ,
Trademark Application ,
Trademark Registration ,
Trademarks
The Internet Corporation for Assigned Names and Numbers (ICANN), the non-profit corporation responsible for managing the domain name system, is evaluating more than 1,900 applied-for generic top-level domains (gTLDs), such as...more