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Advertising Law - July 2014

Online Reviews Not Sufficient To Support Ad Claim, NAD Rules - While recognizing the benefits of using new sources of information, the National Advertising Division (NAD) decided that an advertiser’s use of aggregated...more

Redskins trademark case highlights value of linguistic analysis

The Washington Redskins trademark case, with its conclusion that REDSKINS trademark registrations should be cancelled, has sparked heated discussion among football fans, advocates of Native American interests, and foes of...more

Rubber Hits the Road: Rust-Oleum Trademark Case Leaves TTAB for Minnesota Federal Court

Lately we’ve been discussing more and more the difference between the right to register a trademark and the right to use a trademark. In many trademark disputes the perfect forum for an amicable resolution is the Trademark...more

Advertising News & Analysis - May 2014

In this issue: - Leave Your Claims at the Border - Delaware Suit Shows You Can’t Escheat the Tax Man - FDA Sets Limit on Fishy Omega-3 Nutrient Value Claims - Your Guide to Post-Grant Patent...more

Pom Wonderful and Coke in a Juicy Battle at the U.S. Supreme Court

On Monday April 21, Pom Wonderful LLC, the maker of a line of POM WONDERFUL® pomegranate juice products, www.pomwonderful.com, and The Coca-Cola Company, which sells MINUTE MAID® juice products, www.minutemaid.com, battled it...more

ICANN’t: U.S. to Transition Oversight of ICANN

The U.S. Commerce Department recently announced its plan to transition oversight of the non-profit Internet Corporation for Assigned Names and Numbers (ICANN), which manages Internet domain names and addresses, to a...more

Another Motion to Amend Denied in IPR Final Written Decision

While Patent Owners have finally succeeded in having claims survive an inter partes review proceeding, no Patent Owner has yet to find the magic formula that successfully navigates a motion to amend. In a Final Written...more

Top Ten Laws Any Online Operation Should Know. A Quick Guide.

Below is a top ten pocket guide for the top ten laws any operation (social, e-commerce, IP/UGC driven, etc.) needs to be familiar with now and for the foreseeable future. Having this at the ready won’t necessarily make you...more

Telecommunications in the 113th Congress

The 112th Congress saw a lot of activity focused on new and changing technologies, but few legislative breakthroughs. Early in the year, there was significant activity around intellectual property and online piracy issues,...more

D.C. Circuit Vacates Plug and Play Order and Encoding Rules Applicable to Multichannel Video Programming Distributors

On Jan. 15, 2013, the United States Court of Appeals for the D.C. Circuit decided that the FCC lacked the statutory authority to adopt its 2003 encoding rules, which limit the output and copy restrictions that can be applied...more

Intellectual Property in 2013

Infringement! Litigation! Legislation! There is never a dull moment in the wonderful world of intellectual property law, and 2013 will be no exception....more

The Soft Underbelly of Turtles Candy: Is the U.S. Trademark at Risk of Genericide?

It has been a while since we’ve added another page to the Genericide Watch, so a little trip to Candyland, the Twin Cities’ local iconic and old fashioned candy shop, didn’t disappoint...more

Bill Could Put Reins on Prosecutors’ Efforts to Seize Domain Names

Rep. Zoe Lofgren (D-Calif), a senior member of the House Judiciary Committee, has indicated that she is drafting legislation that would seek to increase judicial oversight over prosecutors’ efforts to act against Internet...more

No Plaque on This Scope Bottle Trademark

Would you place this mouth wash bottle on your bathroom counter or hide it under the counter? The answer to this question, it appears, can have a material impact on whether the shape and design of the bottle functions as...more

IP Update, Vol. 15, No. 11, November 2012

IN THIS ISSUE: Patents - ..Is It Time to Take a New Look at Appellate Review of PTO Claim Construction? ..Limits on the Use of the Disclosure-Dedication Rule Under Doctrine of Equivalents ..Causal...more

Early Warning - These Particular Top Level Domains May Never Get Off the Ground

This year the Internet Corporation for Assigned Names and Numbers ("ICANN") received over 1900 applications for new generic Top Level Domains ("gTLDs"). (A Top Level Domain refers to the string of letters to the right of the...more

Elektroninės paslaugos GLIMSTEDT Teisės žinios

Penktajame leidinio numeryje nusprendėme panagrinėti virtualios erdvės teisinius niuansus ir reglamentavimą - juk „GLIMSTEDT teisės žinios“ taip pat yra elektroninis...more

Can you Really Get a Social Game Patent in Less Than a Year?

YES! One of the often cited reasons for not pursuing patents is that they take too long to obtain. In response to this concern, the US Patent office has implemented a procedure that enables applicants to make a request, when...more

IP Buzz - November 2012

In this issue: - A Major Change in Patent Term Adjustment Calculus: How "A Valuable Tool in the Patent Prosecution Process" (RCEs) May Now Be Even More Valuable - Finding a Home for Orphan Works: Copyright Office...more

McAfee & Taft tiP Sheet - November 2012

In This Issue: - 1 Common sense trade secret protection - 4 Canada’s Anti-Spam Legislation to impact electronic marketing and communications - 5 Concerns over copyright infringement drive Google to change...more

It’s All in a Name -- How due diligence in selecting trademarks is a wise investment

Originally published in the November 2012 issue of Smart Business Los Angeles. You know that picking the right name for a startup company or new product line can play a major part in its success. But name selection...more

New Reasons to Protect Trademarks Through Registration

Tak­ing the proac­tive step to reg­is­ter trade­marks, when­ever pos­si­ble, is vi­tal in to­day's on­line world. Given the pro­posed re­lease of count­less new generic top level do­mains by ICANN (the gov­ern­ing...more

Copyright Protection for Clothing Designs Unlikely to Pass in 2013

As the year draws to an end and newly elected members of Congress celebrate over mimosas this morning, I thought we’d check back in on our old friend, the Innovative Design Protection and Piracy Prevention Act (“IDPPPA”) to...more

Copyright Modernization Act enters into force – TPMs, ISP Liability and more

The majority of the provisions of Canada’s Copyright Modernization Act (the “CMA”) entered into force today, November 7. Let’s take a look at three issues related to “data governance”: Technological Protection Measures...more

New Copyright Act Becomes Law… In Part

In June, the Copyright Modernization Act was passed by Parliament. However, it did not have the force of law yet (See: Copyright Bill Becomes Law). Today, portions of the new copyright law came into force....more

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