News & Analysis as of

Don’t Litter, Eh?

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

Prior Publication Precludes Coverage for Advertising Injury

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

Pepsi Gets Grip on MLB All-Star Extravaganza

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

Markit to Market - May 2014

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: Based...more

Owning a New Look Through Advertisements

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 Functionality and Fashion – Tips for Clients

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

Academic Advertising Seeks to Protect “Community College Jobs” as Trademark

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

Fair Use of GM’s Corvette Stingray?

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

Retailers Make Their Mark: Québec Court Sides with Retailers on the Use of Trade-Marks in Public Signage and Commercial...

In a significant decision released on April 9, 2014, the Superior Court of Québec held that the Québec Charter of the French Language (the Charter) does not require non-French trade-marks appearing on public signage be...more

Eat More Walleye?

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

The Superior Court of Québec Sides with Retailers on the Use of Recognized Trade-Marks in Public Signs and Commercial Advertising

In reasons released on April 9, 2014, Justice Yergeau of the Superior Court of Québec held that the Québec Charter of the French Language (Charter) does not require that public signs and commercial advertising containing a...more

Law À La Mode - Issue 13 - April 2014

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

Trademark Infringement by Use of AdWords? Legal Risks by Using AdWords Despite European Court of Justice (ECJ) Rulings

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

Prove that You Are DIFFERIN Enough!

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

Touch Trademark Update

‘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

Show you[']r[e] what?! It’s a battle of the breeches

“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

LegalZoom and Rocket Lawyer Case over Misleading Advertising Heads to Trial – When is “Free” Really “Free”?

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

Intellectual Property Bulletin - Summer 2013

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

Driving Differentiation

Jason Voiovich, Director of Corporate Marketing, Logic PD Co-Branding outside of the footwear industry helps create competitive space with Nike...more

Keyword Advertising Email Alert

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

IP Update, Vol. 16, No. 7, July 2013

“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

Points & Authorities - Summer 2013: The Entertainment Issue

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 - The...more

Use of Competitor’s Trademark As Trigger for Sponsored Ad is Not Trademark Infringement According to Tenth Circuit

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

Tread Carefully When Using Competitor’s Trademarked Name With Online Advertising

The Ninth Circuit issued a decision yesterday in the 1-800 Contacts v. Lens.com case we discussed several years ago when originally filed. ...more

Smart ad for Smart car

They happen relatively rarely, but I actually saw a car ad spot recently that, while somewhat risky, I found to be very creative and effective. The spot by BBDO Berlin is called “Offroad,” and it features the Smart Fortwo...more

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