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
According to music icon Don Henley, intellectual property rights are not a joking matter....more
On October 28, 2014, Judge Paul Grewal of the Northern District of California ruled that a political advocacy website’s confusing use of the mark CHOOSE ENERGY could stay up . . . but perhaps only until election day....more
Search engine optimization is a vital issue for brand owners. When a potential customer searches online for Company A, a well-known brand, Company A naturally wants its own website to be as high in the search results as...more
It’s not too often that we see a trademark dispute that affects the marketing and advertising community directly (rather than just their clients), but the facts on this one read like answers to the Five W’s...more
The Toronto Globe and Mail recently reported on a clever anti-littering campaign that was launched and quickly aborted in Toronto due to trademark concerns. The premise for the campaign was to take wrappers and packaging...more
In Street Surfing, LLC v. Great American E&S Ins. Co., 752 F.3d 853 (9th Cir. 2014), the court held that the prior publication exclusion precluded coverage to Street Surfing, LLC (“Street Surfing”) for an underlying lawsuit...more
How cool is it to have the MLB All-Star Game and related events, right here in Minneapolis? Very.
As the advertisement shows, Pepsi is playing a large role in the event, as the “Official Soft Drink” of the MLB All-Star...more
In This Issue:
- Scammers Still Be...Scamming
- Contests – Check Rules Before Offering!
- Catalogs as Specimens
- gTLD Sunrise Periods Now Open
- Excerpt from Scammers Still Be...Scamming:
We’ve spilled a lot of digital ink on the importance of “look for” advertising when a brand owner wants to legally own a non-traditional trademark like a single color, or perhaps the shape of a product, or even product...more
Trademark protection is very important in the fashion industry. The ability to protect certain logos and design features may determine the success of a fashion designer’s business. Thus, it is crucial to understand how to...more
On April 15, 2014, Academic Advertising, LLC (“Academic”), a Georgia based limited liability company, brought suit against Jobelephant.com, Inc., and Michael Ang (“Jobelephant”), of San Diego, California, for trademark...more
While filling up my gas tank at our local Costco last week I coudn’t resist capturing this photo of pump signage to ask our dear readers a few pointed questions...more
It’s that time of year again, the Minnesota fishing opener is upon us this weekend, so Rapala is sporting its new billboard in the Twin Cities metro area, as shown below...more
In This Issue:
- PRIVACY BY DESIGN? FASHION FLAIR TRANSFORMS WEARABLE TECHNOLOGIES: The rise of the wearables – and the data protection challenges they bring
- EFFECTIVELY DELIVERING IT SERVICES IN THE RETAIL...more
The internet is one of the most important marketing tools today. The use of trademarks as keywords for becoming prominently placed in the results of a search via the Google search machine is nowadays a common and important...more
In the recent case of Galderma Labs v. Tolmar Inc., the Federal Circuit announced an important new rule for evaluating obviousness of selection inventions. The court also gave important guidance as to what constitutes...more
‘Tis the Season for billboard ads like this, sorry Nancy.
Anyway, it reminded me of a very early post of mine on touch trademarks, here on DuetsBlog.
That early blog post noted Diageo’s federally-registered...more
“Yes!” I exclaimed as I scrolled through my Facebook feed two days ago, “Perfect timing! I’ll get to follow-up on Brent Lorentz’s ‘You’ve gotta be shipping me!!’ DuetsBlog post from earlier this year....more
Last week, a federal judge in California declined to grant a summary judgment motion to LegalZoom.com, Inc., in its lawsuit accusing rival Rocket Lawyer, Inc. over claims of trademark infringement, unfair competition, and...more
January 2012 saw an explosion of controversy over two Internet-related bills that had been progressing through Congress: the Stop Online Piracy Act (SOPA) in the House, and the Preventing Real Online Threats to Economic...more
Jason Voiovich, Director of Corporate Marketing, Logic PD
Co-Branding outside of the footwear industry helps create competitive space with Nike...more
The Court of Appeals for the Tenth Circuit recently shed light on an increasingly common Internet business practice. In 1-800 Contacts, Inc. v. Lens.com, Inc., a panel of the court held that the use of a competitor's...more
“Reverse Payment” Settlements Face Greater Antitrust Scrutiny Following U.S. Supreme Court Ruling in FTC v. Actavis: Federal Trade Commission v. Actavis, Inc. -
Resolving a split among the U.S. Courts of Appeals, the...more
In This Issue:
- It’s Always Something: The Repeated Assaults on Licensee Rights in Bankruptcy
- Clearance: Start Early and Avoid the Clutter
- New Faces
- Points from the President
Despite years of litigation over keyword advertising, very few courts have reached the important question whether the use of a trademark solely as a trigger for an advertisement is likely to cause confusion. Last week, in a...more
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