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News & Analysis as of

Harley-Davidson Booze Coming Soon?

With the 74th Anniversary of the famous Sturgis Motorcycle Rally less than a week away, it seemed like a good time to check in on recent Harley-Davidson trademark activity at the USPTO....more

Advertising News & Analysis - July 2014 #3

In this issue: - Copyright: The Often-Overlooked Brand Protection Tool - Ninth Circuit Frees Taco Bell from TCPA Suit - Operation Choke Point's Unintended Consequences - FTC Chops Plastic Lumber...more

Brand Protection in China

Important new amendments to the Trademark Law and The Implementing Regulations of Trademark Law of the People’s Republic of China came into effect on May 1, 2014, as mentioned in our earlier publication China Adopts First...more

What Trademark Filing Trends Reveal About Expected Brand Growth – and What it Means for Your Global Brand Protection Strategy

The 2013 Trademark Report by Thomson Compumark provides an overview of trademark activity across 186 countries, including the most active product and services Classes and a revealing by-market breakdown that examines filing...more

Emerging Markets: Opportunity, Risk, and What it Means for Brand Protection  [Video]

Monica Riva Talley, director at the intellectual property law firm Sterne, Kessler, Goldstein & Fox, P.L.L.C., discusses the opportunity and risk presented by emerging markets, and what it means in terms of a global brand...more

EPA Solicits Comments On New Design Of Label To Indicate Safer Chemicals

On July 16, 2014, EPA announced it is soliciting comments on its Design for the Environment (DfE) Program's logo redesign. The Agency will consider the information gathered from this notice and other sources as it selects a...more

Anti-counterfeiting: protecting your brand – why it is important and how to do it

Intellectual property (“IP”) is often the DNA of a business. A brand can be integral to reputation, revenue streams and goodwill. However, protecting IP is becoming increasingly difficult, particularly with the proliferation...more

Airing a new logo: Airbnb

For those of you who are into traveling, you are probably very familiar with the trendy Airbnb, a travel site that lets you book a stay at someone’s home instead of a hotel. They are part of a growing trend of websites...more

That look’s a steal: K&L Gates advises on how to protect against copycats

There are plenty of businesses making and selling garments in the rag trade and all of them are trying to stand out from the crowd. Each label is looking for their point of difference and, for a large number of brands, their...more

At the Crossroads - Brand integration deals involve copyright, trademark, and insurance considerations

At the crossroads of Hollywood Boulevard and Madison Avenue, a variety of legal and business issues must be considered and addressed in order to set the stage for a successful brand integration deal. In the historical...more

The Perfect Package: A Checklist to Avoid Legal Challenges

Your product teams surely have already finalized their lineup of holiday winners, the new gizmos and must-have widgets that you hope end up on everyone’s wish lists. Unless the product gets noticed by consumers,...more

Apple’s Word Count for Non-Verbal Branding

A picture is said to say a thousand words, and ironically that is almost literally and exactly true when it comes to Apple’s focus on non-verbal icon branding....more

FDA Draft Guidance - Best Practices for Developing Drug Trademarks

In late May, the FDA released a draft guidance document detailing its best practices for developing trademarks for drugs. The draft guidance, entitled Best Practices in Developing Proprietary Names for Drugs, can be found...more

Amazon’s Inability To Register Domain Name .Amazon Is An Interesting Case Study For New gTLDs

Do you want your company to control .app or .restaurant? Applying to operate a generic top-level domain (gTLD) isn’t for the faint of heart. Although several hundred companies ponied up the $185,000 application fee for over...more

Jumping on the "Made in the U.S.A." Bandwagon

Retailers are increasingly praising the importance of placing the “Made in the USA” phrase on their product packaging and labels. Customers, not only in the U.S. but worldwide, are now demanding “Made in America” merchandise....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

Generic Top Level Domains - Current Sunrise Periods 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

Legal Marijuana: New Branding Opportunities, Same Old Infringement

Whether driven by new laws or technology, companies and individuals always push the limits of the law at the beginning. Obvious examples like Napster come to mind, as well as the more dated example of the VCR. Out in...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

What’s In Your Wallet, a Cafe?

Since 2000, Capital One Financial — the nation’s largest direct bank – has been promoting its credit card services by asking What’s in Your Wallet? Three years later it began promoting banking and other financial services...more

Law À La Mode: Special Edition – INTA 2014

In This Issue: - MODERNISATION OF THE TRADEMARK SYSTEM: Is Europe on the cusp of trademark law reform? - FROM RUSSIA WITH LOVE: Brand owners face unique challenges in Russia - DETAINING COUNTERFEIT GOODS: New...more

How to Reduce Brand Disasters, While Building Brand Ambassadors: Social Media Compliance Training

Seventy-seven percent of companies have acquired customers through Facebook, 43% have gained customers through LinkedIn, and 34% have generated leads through Twitter. Most companies have been leveraging social media as a...more

‘The Late Show’ Heir Must Rebrand Before Taking the Chair

Corporate and personal brands alike should generate broad appeal and loyalty among key audiences and also evolve in order to withstand competitors and the test of time. But what happens when a celebrity brand, one that has...more

Rebranding “Sexy”

On my first day of law school, I received a piece of advice that sticks with me today: if you don’t know, the answer is always “it depends.” In the world of advertising, the most common “easy answer” is “sexy.” If you can’t...more

Help Them Help You: Partnering With U.S. Customs And Border Protection To Safeguard Your Brand

Given rapid advances in manufacturing technology and online commerce, counterfeiting has become a serious problem across virtually all business sectors. Despite brand owners’ best efforts, counterfeiting has expanded both in...more

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