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
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
A few years ago, I wrote a column addressing a case in which Pom Wonderful LLC sued Coca Cola Company in connection with the marketing of one of its pomegranate-blueberry juice products. That case dealt with whether one of...more
Now that Super Bowl XLIX is in the rear view mirror, and the New England Patriots have been duly congratulated for winning anything but a Mediocre Bowl, for those of us with no pigskin in the big game this year, it’s time to...more
It’s that time of year again. Time to tiptoe around and avoid use of or make any reference to the Super Bowl. Whoops. Anyway, we’ve discussed this phenomenon before...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
This Guide provides non-Canadians with an introduction to the laws and regulations that affect the conduct of business in Canada and, in particular, in the province of Ontario. In some cases, this Guide also identifies issues...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
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