Celina Kirchner Discusses Social Media Advertising Laws
BakerHostetler Partner Paul Karlsgodt Discusses Privacy Class Actions
BakerHostetler Partner Alan Friel Talks Big Data and Data Collection
The TCPA: Basics, Targeted Industries, and Trends
Polsinelli Podcasts - Removing Caps on Punitive Damages: What is the Impact on Business?
Omnicom's Lawyer: Inside the Publicis-Omnicom Merger
JOBS Act Implementation Regulations
Polsinelli Podcast - Public Policy Issues in 2013
Social Media Law Report - Who Owns Your LinkedIn Account, FTC Guidance on Social Ads, More...
Corporate Law Report: U.S. Manufacturing, Social Media, Online Endorsements, Hart Scott Rodino, More
The British Columbia Supreme Court has decided that the use of a competitor’s trademarks in Google AdWords does not constitute infringement.
In Vancouver Community College v Vancouver Career College (Burnaby) Inc.,...more
On August 7, the Eleventh Circuit Court of Appeals, ruling on a question that the Court determined to be one of first impression, has ruled that a cause of action for contributory false advertising can be maintained under...more
Yesterday General Mills announced that it had partnered with Fulton Brewery to create HefeWheaties: a limited edition brew. The beer is a Hefeweizen, which is traditionally a wheat-based beer, making it a perfect canvas for...more
Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we present a “grand unifying theory” of today’s leading technologies and the legal...more
Happy summer! We are seeing some great new styles this summer here on Madison Avenue, and of course, there are a number of hot legal issues to consider as we head into the fall. Our latest issue discusses the applicability of...more
Even in the age of the Internet, the geographic use of a trademark is an important consideration in determining whether your mark is likely to confuse consumers as to the source of your goods or services. Geographic...more
It starts with an inaccurate, possibly fake, online review. Then a post appears on a consumer complaint forum. Suddenly, there is a surge of false postings about your company on social media sites. Invariably, these anonymous...more
Nedschroef Detroit Corp. v. Bemas Ents. LLC, Case No. 14-10095, 2015 WL 2453511 (E.D. Mich. May 22, 2015).
U.S. District Judge Linda V. Parker granted summary judgment in favor of plaintiff Nedschroef Detroit Corp...more
You see them every day; those funny-looking characters and symbols splashed all over goods and advertisements. ?. ?. Our friends “TM” and “SM” and even ?. Like modern hieroglyphs, we know that these symbols have some...more
Amazon Sues Over Fake Reviews -
In a new lawsuit, Amazon targeted one individual and four companies that allegedly wrote and posted fake reviews on the e-commerce giant’s site. Amazon’s Conditions of Use expressly...more
Grabbing and keeping the consumer's attention can be difficult, especially in the online marketplace where advertisements and surveys obscure content on the screen and distract the viewer. Most marketers know that animation...more
Former Eagles drummer and co-lead singer Don Henley has just agreed to settle a lawsuit that he filed against Duluth Trading Co., the clothing retailer best known for its goofy cartoon ads on television. ...more
Content creators of all stripes strive for realism in their depictions of the world. This is for good reason – media is more effective, and more immersive, when viewers recognize it as a reflection of the real world. Despite...more
We’ve been spilling a lot of digital ink lately on the topic of non-traditional trademark protection and how the functionality doctrine serves as an absolute bar for such protection.
As you know, for some time, we’ve...more
Registration Cancelled Where Services Related to Mark Not Provided -
Playdom, Inc. filed a petition to cancel Couture’s mark, arguing that the registration was void because Couture did not use the mark in commerce as of...more
FEDERAL CIRCUIT CASES -
Federal Circuit Reverses $61 Million Judgment Based on Erroneous Claim Construction -
Despite the Supreme Court’s recent Teva v. Sandoz decision that factual findings by a district court...more
The NCAA Tournament is here, and many local businesses will want to capitalize on this exciting time for basketball fans by using the well known “March Madness” slogan to advertise March specials. Think twice before your...more
It is that time of year again, coming off St. Patrick’s Day celebrations, when everyone gets on the college basketball bandwagon in the season of “MARCH MADNESS.” Brackets are being completed, college jerseys are being pulled...more
Will Johnny Be Good, or Will Name Games Go up in Flames?
Johnny Gaudreau, left wing for the Calgary Flames, is attempting to high-stick potential interlopers by locking up rights to his now-popularized nickname – Johnny...more
Here’s a common scenario: Your business has come up with an idea for a new service offering, and you or your marketing department has created the perfect brand for it. Now what?
Because you have a great relationship...more
In Couture v. Playdom, Inc., the Federal Circuit held that the use of a mark on a website to offer services is not use in commerce sufficient to support an actual-use service mark application. As a result, the Court affirmed...more
The year 2014 saw some important developments in the area of intellectual property law. A number of intellectual property-related issues even made national headlines.
Who can forget the public debate over the rightful...more
A recent, lengthy decision gives interesting guidance on Quebec language legislation as to the rules applicable to the predominance of French, the use of trade-marks on signs and in particular the protection for unregistered...more
Samsung appears to be the most recent brand to board the brandverbing bandwagon with its Galaxy Note 4 advertising campaign, asking the critical question: Do You Note?
Samsung has federally-registered in the U.S. the...more
When a business uses its trademark in connection with an ordinary billboard advertisement, should it try to register the billboard as another trademark unto itself? I venture that nearly every trademark attorney would say...more
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