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Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

What the *TM*?!?! The Disparagement Clause has been Bleeped.

by Knobbe Martens on

Trademark law is an important form of protection for the fashion and beauty industry. It protects both brand owners and consumers by regulating the registration of brands, or source identifiers, of fashion and beauty...more

Is Someone Illegally Using Your Trademark? The 8 Factor Trademark Infringement Test

by Revision Legal on

A court will apply the “likelihood of confusion” test in a trademark infringement suit. This is actually an umbrella term for several tests employed by the various federal circuits. However, most courts use a group of similar...more

#Sponsored – FTC Warns Social Media Influencers to Clearly Disclose Material Connections

Kim Kardashian touting weight-loss teas. Tom Brady plugging Aston Martin. Jennifer Aniston shilling SmartWater. In this time of Facebook, Instagram, Twitter, Snapchat, and countless other social media platforms, it can...more

The Goods on IP - April 2017

Intellectual property plays an important role in maintaining a competitive edge in rapidly evolving consumer product and consumer packaged goods markets. Consumers expect ongoing product improvements, and savvy companies...more

Advertising Law - April 2017 #3

Amazon, FTC Reach Deal Over In-App Charges - Amazon and the Federal Trade Commission have agreed to drop their appeals in a lawsuit accusing the online retailer of billing consumers for unauthorized in-app charges incurred...more

Craigslist Garners $60 Million Judgment against Radpad in Scraping Dispute

For years, craigslist has aggressively used technological and legal methods to prevent unauthorized parties from violating its terms of use by scraping, linking to or accessing user postings for their own commercial purposes....more

Plain Packaging and Warning Labels—While the WTO is Examining the Legality of Packaging and Labeling Requirements that Prohibit...

by King & Spalding on

There have been several pieces of research recently calling for the use of plain packaging and graphic health warnings, similar to those used on tobacco products, on soft drinks and alcoholic beverages as a means of...more

Keeping those New Year's resolutions just got a little easier in Ontario

by Smart & Biggar on

The Ontario Healthy Menu Choices Act and its Regulations, which became effective January 1, 2017, aims to allow Ontarians to make informed food and beverage choices when eating in a restaurant or purchasing take-away meals. ...more

Bill S-5: Canada Prepares to Introduce Plain and Standardized Packaging for Tobacco Products

by Smart & Biggar on

by: Jennifer Ponton In 2012, Australia became the first country to introduce plain packaging for cigarettes. Several countries have since followed suit, and many more, including Canada, have made commitments to introduce...more

Social Links: Will a fan-made Star Trek prequel live long and prosper?; California bans driving while Snapchatting; apps that...

A federal district court judge refused to grant summary judgment to the copyright owners of the Star Trek franchise in the infringement suit they brought against the team behind a fan-made, crowdfunded prequel to the original...more

Twitter Sued For Right of Publicity Violations Over Profile-Trading Game

by Reed Smith on

A class action lawsuit was filed in California yesterday against Hey, Inc. and Twitter regarding Hey’s online trading game in which players collect profiles of (and use virtual currency to invest in) real-life people as if...more

Riding the Initial “Pokémon Go” Phenomenon: Branding Basics

by Reed Smith on

Pokémon Go, released July 6, has unleashed a swarm of hopeful Pokémon trainers into the world, seeking to, as Pokémon famously says, “catch ‘em all.” And while Pokémon Go users are traversing cities, towns and hamlets to...more

The FTC’s Analysis of Lord & Taylor’s Social Media Marketing Campaign

New ways of monetizing digital media has brought challenges in regulating advertising. The FTC has recently issued guidelines to provide businesses and advertisers with insights as to how to comply with the FTC Act. Despite...more

The 2015 FTC Policy Statement: An Advertisement Can Be Deceptive Based On Formatting

Starting a few years ago, the FTC began increasing its efforts to address online disclosures in new media. For example, in 2013, the FTC issued .com Disclosures: How To Make Effective Disclosures in Digital Advertising, which...more

Advertising Law - May 2016

Kanye's Promise of Exclusivity a Siren Song, Suit Says - Kanye West's latest drama involves the courtroom—specifically, a putative class action complaint alleging false advertising, unfair competition, and unjust...more

Advertising Law - April 2016 #3

SPECIAL FOCUS: #Twitter at Ten: Ten Times Twitter Made Ad Law History - Ten years ago the world was introduced to Twitter, a microblogging site offering users the chance to express themselves just 140 characters at a...more

IP Litigation Insider - March 2016

by Jackson Walker on

Are Ex Parte Reexaminations An Overlooked Method of Challenging Patents? In the wake of the September 16, 2011, enactment of the America Invents Act ("AIA"), many third-party individuals and organizations began utilizing...more

When the cost of default is $1.2 million | World Trademark Review

by Knobbe Martens on

In Neutron Depot, LLC v Bankrate Inc the US District Court for the Southern District of Texas entered judgment in plaintiff Neutron Depot’s favour, enjoining defendant Insurance Depot Marketing Corporation from any activity...more

First Circuit Affirms Dismissal of Lawsuit Against Backpage.com, Confirms Broad Scope of Section 230 Immunity

by Davis Wright Tremaine LLP on

The U.S. Court of Appeals for the First Circuit this week delivered a resounding victory for websites dependent on a federal immunity from claims based on content posted by third parties. Broadly interpreting Section 230 of...more

International Food Law Gazette - January 2016

by King & Spalding on

FDA Approves First Genetically Modified Food-Producing Animal - On November 19, 2015, the United States Food and Drug Administration (FDA) approved a new animal drug application (NADA) that authorizes the marketing of...more

Retail and Consumer Products Law Roundup - January 2016

Eye on the Courts: IP Cases for Retailers to Note - Why it matters - Retail companies have closely monitored a series of cases from the U.S. Supreme Court on down, which have focused on IP matters covering induced...more

Advertising Law - January 2016

Ending Challenge to FTC's Data Security Authority, Wyndham Settles - In a significant development, Wyndham Hotels and Resorts reached a deal with the Federal Trade Commission in the high-profile litigation that began...more

Influencer Marketing: Tips for a Successful (and Legal) Advertising Campaign

In an age of explosive growth for social media and declining TV viewership numbers, companies are partnering with so-called “influencers” to help the companies grow their brands. Popular users of Instagram, Vine, YouTube and...more

UK Film & Television Update - European Commission Announces Its Intention to Regulate Cross-Border Portability of Online Content

by Latham & Watkins LLP on

The EC’s attempt to harmonize copyright across Europe raises questions for both content providers and consumers. Readers may recall that on 6 May 2015 we issued an update notifying the European Commission (EC)'s...more

Ninth Circuit Does an About-Face in Military Watch Trademark Dispute - Multi Time Machine, Inc. v. Amazon.com, Inc.

by McDermott Will & Emery on

The U.S. Court of Appeals for the Ninth Circuit previously found that a jury could potentially find that online retailer Amazon.com created a likelihood of consumer confusion with the format of its product search returns when...more

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