News & Analysis as of

Advertising Trademarks

TICK DIFFERENT – But Apparently Not All That Different?

The irony of trademark clearance – even if a trademark espouses a unique message, it may not be all that unique. Swiss watchmaker Swatch AG finds itself embroiled in another trademark dispute with Apple, Inc. – this...more

Opportunity May Not Knock Without the Right Door

When seeking particular services, consumers are often drawn into a business based on branding and advertising found near the location – whether by signage on or around the establishment, or by glimpses of the services being...more

Selecting a Unique Brand for your Cannabis Business

by Garvey Schubert Barer on

All brands should strive to be unique. However, it is particularly important that businesses in competitive industries, like the cannabis industry, adopt brands that are highly distinctive and unique. Why? In competitive...more

Remember – “March Madness” is a Trademark

We are in March. The minds of many turn to March Madness as the NCAA hosts its annual tournament to crown college basketball’s national champion. Of these, many want to take advantage of the tournament to promote their...more

Trademarking Your Name Can Drive You To Drink: The Risks and Benefits of Naming a Beer After Yourself

by Bowditch & Dewey on

You have worked hard, you are proud of your beer, and you want the market, if not the world, to know that it is your product. At the end of the creative process, like any other artist or craftsperson, you have the urge to...more

[Events] International Brand Protection and Enforcement: Best Practices and Key Insights for the United States, Europe, and China...

Please join us for an interactive roundtable discussion with experienced trademark practitioners from the United States, Europe, and China, offering industry considerations and practical insights on where the laws and...more

It’s a Grand Old Flag, but Should it Be in Your Ad?

United States Statutes purport to restrict the use made of the American flag. 4 USC § 8 – Respect for Flag - No disrespect should be shown to the flag of the United States of America; the flag should not be dipped...more

Advertising Law - February 2017

SPECIAL FOCUS: Current State of the FTC: Three Top Priorities - On February 2, Acting Chairman of the Federal Trade Commission, Maureen Ohlhausen, addressed the ABA 2017 Consumer Protection Conference in Atlanta and...more

Advertising Law - January 2017 #2

SPECIAL FOCUS: Ohlhausen Named Acting Chair of FTC - On January 24, 2017, President Donald Trump designated Maureen Ohlhausen as acting chairwoman of the Federal Trade Commission. Ohlhausen, a Republican, has been...more

Top 10 Litigation Risks and Trends for Retailers

by Perkins Coie on

With the 2016 holiday shopping season in full swing, the risk of litigation heightens for retailers. We created our own version of a “holiday list” to identify the top-10 risk areas where retailers may be vulnerable to claims...more

Consumers Are Unlikely to Confuse Yelp with a Local Property Management Company Using the Same Tagline in Ads, Court Rules

In a ruling that neatly illustrates some of the challenges a company is likely to face when trying to enforce trademark rights in an advertising tagline, a federal judge in the Northern District of California recently denied...more

Sponsorship Agreements: Creating a win-win for businesses and advertisers

by McAfee & Taft on

Sponsorships are not only a revenue generator for businesses, but a powerful way of boosting the visibility of brands. It’s why major stadiums and venues often bear the logo of a leading brand, or why you’ll see a soft drink...more

Have Sense About Scents

In today's marketplace, companies are constantly seeking their moment, day, or --if they are lucky--year on the top of the "best of" list for new, unique, and/or fabulously redesigned goods or services. The sheer number of...more

Advertising Law - August 2016 #3

ANA, 4As Battle Over Transparency Guidance - Two industry groups are engaging in a public battle over transparency. The dispute began when a joint task force was formed between the American Association of...more

MarkIt to MarketTM - August 2016

The August 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter explores the guidelines surrounding claims of "Made in the USA" and the use of scents to build strong brand identities. Please see full newsletter...more

Causality and Diluting Trademarks Through Online Searches: What the FTC Missed in 1800Contacts

by Kelley Drye & Warren LLP on

The FTC sued 1800Contacts for entering into a series of agreements with competitors that limited the competitors’ ability to bid on certain trademarked terms as search terms in online search term auctions. Search engines...more

FTC Targets Brand Owner Policing Search Ad Keywords

by Klein Moynihan Turco LLP on

This Monday, the Federal Trade Commission (the “FTC” or “Commission”) commenced an administrative proceeding against 1-800 Contacts, Inc. (“1-800 Contacts”), alleging that the online contact lens retailer had entered into...more

Blog: Building, Marketing and Maintaining Your Brand in the UK

by Cooley LLP on

Building, marketing and maintaining a strong brand is fundamental to ensuring the success of a new company. Not only will a strong brand confer a competitive advantage through encouraging brand loyalty, but it will have...more

Is the US Olympic Committee’s #TwitterBan Fair or Foul?

The 2016 Summer Olympics will officially* begin in eight days. Yet the U.S. Olympic Committee’s (USOC) efforts to enforce the Olympic trademarks are truly an eternal battle. While the USOC has a reputation for aggressively...more

The Pleads Of The Many: 50 Years of Star Trek Lawsuits

This year marks the fiftieth anniversary of the premiere of the original series of Star Trek, which first aired on NBC in September 1966. On July 22, this milestone will be marked in earnest when Paramount Pictures releases...more

#Trademarks?: Hashtags as Trademarks Revisited

Since our previous article on the emerging issue of trademark rights in hashtags, the use of hashtags in social media marketing has continued to grow. Described as the “ignition keys to a social media keyword search,”...more

Look-For Advertising Sans the Clunky Words

We’ve written before on the subject of non-traditional trademarks and how look-for advertising can be quite helpful in not only educating consumers that a color or other design feature should stand out in their mind as...more

Trademark applicant’s Twitter account not service mark use for social media services

Florists’ Transworld Delivery, Inc. (“Florists”) filed an application to register their SAY IT YOUR WAY trademark in Class 35 and in Class 42 for “[c]reating an on-line community for registered users to participate in...more

California District Court Puts Baby In A Corner

by Ladas & Parry LLP on

In the United States, federal laws take precedence over state law and common law causes of action where there is an overlap. This lesson was recently learned again in Lions Gate Entertainment Inc v TD Ameritrade Services...more

Trademark Review | May 2016

Surname Not Registrable Absent Substantially Exclusive Use - As a result of various third-party uses of the surname “Ayoub” for similar services, Applicant’s use of AYOUB did not meet the requirement of Section (f) that...more

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