Brand

News & Analysis as of

Logos and Branding May Create Additional Parties to Insurance Coverage Litigation

Insurance coverage lawyers, when defending carriers in first-party claims, regularly deal with the real party in interest issue. The insured’s lawyer, in filing the lawsuit, sometimes names the wrong issuing company, the...more

gTLD Sunrise Periods Now Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more

Protection of Marijuana Brands in the United States

Brand protection for companies engaged in marijuana-related businesses continues to present special challenges given the federal prohibition on the sale, distribution, and possession of marijuana under the Controlled...more

Four Steps to Protect Your Brand on Social Media

Howard Schultz, the CEO of Starbucks, once said that, “If people believe they share values with a company, they will stay loyal to the brand.” With the rapid proliferation and acceptance of social media over the past decade,...more

Jager Fears the Deer: Brand Refresh Turns Into Battle

The word “Jägermeister” conjures up memories (or maybe lapses in memory) for many. I have only had the German liqueur in the beautiful blue-collar town of Milwaukee, WI – home of my college alma mater. While you would never...more

Who’s Watching (What) You Create?

This past weekend, with what appears to be our first lasting snowfall, I enjoyed following my daughter around the chilly alleys of downtown Minneapolis while she created for her photography class. As you can see from the...more

Pennsylvania Tap Marker Requirements Pulled Under Act 166

Pennsylvania’s onerous liquor laws continue to modernize under new enactments. Previously, each brand of beer on tap had to have its own branded tap marker as a part of its draught system. Many breweries and restaurants had...more

Las Vegas hockey team revealed: The Golden Knights

A brief update on my post a few months ago about the new NHL team based in Las Vegas, scheduled to begin play in October 2017. As I discussed in my post, the team created some publicity by revealing only part of the team name...more

The Unfortunate Renaming of U.S. Cellular Field

I grew up with the White Sox playing in Comiskey Park, then after they tore that down, New Comiskey Park. In 2003 that changed to U.S. Cellular Field. Now, it’s undergoing another name change – Guaranteed Rate Field. Now I...more

Avoiding Disaster - the Importance of an Intellectual Property Protection Plan for Breweries, Wineries and Distilleries

An effective intellectual property protection strategy is vital for almost every business, but is perhaps even more important for businesses such as breweries, wineries and distilleries where much of their product...more

No Thanksgiving Turkey for Campari

It is common practice for businesses to engage in trade mark licence agreements as a means to facilitate building brand awareness. However, the High Court of Australia's refusal to grant special leave to appeal the Full Court...more

Rebuilding Trust in Business

Our research is based on interviews with elite respondents in business, politics and the media. it therefore provides insights into how the elite views the problem of declining public trust in business, and provides a forum...more

Can Internet Comments and Search Results Prove Trademark Infringement?

You’ve selected a unique trademark, marketed and sold products under the brand, and continue to build up a base of satisfied customers. But then a new company emerges with a very similar trademark, piggybacking on your...more

Half Baked: The Brave New World of Branding Weed

In last week’s election, California voters passed Prop 64, which means recreational marijuana can be sold and used by persons over 21 within the state. But don’t get excited about the gold rush just yet. Recreational...more

The v. Any

When it is clear that you need to take responsibility for an obvious inconvenience, it is far better to own “the” inconvenience than apologize for “any” inconvenience, bravo RBC Plaza...more

Branding Buds – Still Illegal Under Federal Law

If voters in California approve Proposition 64 which would legalize the possession and use of marijuana for recreational purposes, it is without question that the sunshine state will see a huge increase in the number of...more

Back to Basics: Trademarks Part 1

In the most general sense, getting a trademark protects your brand. A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of another. By...more

Hatch-Waxman Venue Update: Will SCOTUS Limit Where Brands Can Sue Generics?

Generic and branded pharma companies alike are waiting with baited breath to see if the U.S. Supreme Court will take up the issue of personal jurisdiction in Hatch-Waxman patent cases this term. After a broad ruling from the...more

Cubs – The Brand

As I write this, the Cubs are getting ready for game six of the World Series. It’s win or go home for the Cubs, who are undoubtedly hoping to force a game seven on Wednesday. They are undoubtedly hoping to win game seven as...more

Not So Consumer Friendly? Pa.L.C.B. Says No Discount for Breweries, Wineries, and Distilleries When Purchasing Wine or Spirits...

Recently, the Pa.L.C.B. released a legal advisory opinion regarding a brewery, winery or distillery’s ability to purchase and sell the products from limited wineries and limited distilleries that are carried in the state...more

Branding Revisited: Takeaways From the 2016 Managing the Trademark Asset Lifecycle Conference

Last week I was fortunate to attend the Managing the Trademark Asset Lifecycle Conference, hosted by World Trademark Review. The topics discussed throughout the day touched on everything from assessing portfolio strength and...more

gTLD Sunrise Periods Now Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please contact us...more

MarkIt to MarketTM - September 2016

The September 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses protecting color as part of brand identity, and announces the new gTLD sunrise periods. Please see full Newsletter below for more...more

Regulators and Industry Thought Leaders Discuss Issues in Social Media Advertising - Highlights from "The FTC, Native Advertising...

Holland & Knight and the Word of Mouth Marketing Association (WOMMA) on Sept. 21, 2016, held an informative, half-day seminar featuring presentations and a panel discussion of trends and forefront regulatory compliance issues...more

Trademarks in Telemark: Five Brands and Other Things to Look For at PTMG in Oslo

I am excited to be traveling to Norway next week to attend my first conference of the Pharmaceutical Trade Marks Group in Oslo. Not having been to PTMG before, I can’t offer much insight on the conference, but since I lived...more

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