This article first appeared on ALM Consulting magazine. As companies across all sectors have invested massive amounts of capital in the collection and evaluation of data and analytics over the past decade, clear and coherent...more
Many brand owners are familiar with the value of registered trademarks, which safeguard the goodwill cultivated between mark holders and consumers by reducing confusion as to the source of the associated goods. However,...more
Thank you for reading the September 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the significant revisions to the FTC's guidelines for endorsements and examine the benefits of design...more
Although you may have never heard of Shein, your children definitely have. Shein is one of the largest fashion companies in the world. After popping onto the e-commerce scene in 2008, it has sky-rocketed into a $100 billion...more
As a law firm looking to stay ahead of the competition, investing in a modern website design is increasingly essential. It is important to make sure that your website represents who you are as a firm, as well as being...more
If it feels like your content marketing goals are loftier than your content marketing budget, you’re not alone. The Content Marketing Institute recently released a report detailing some dissatisfaction among content...more
Hi, I’m Lauren Forbes, the Social Media + Marketing Manager at LISI, a digital agency that specializes in law firms and legal service providers. Today, let’s talk about incorporating graphics into your marketing content....more
Apropos of points made in “Do Not Pass ‘Go,’” a graphic designer filed an idea theft suit against Nike, Inc. in the US District Court for the Southern District of Texas. In the March 31 suit, the graphic designer claims Nike...more
The laws involved in protecting board games are complicated. Various websites, forums, and Reddit threads attempt to answer questions from game designers on what they are allowed to do when designing their games, as well as...more
The US Copyright Office Review Board (“Board”) rejected a request to register a computer-generated image of a landscape for copyright protection, explaining that a work must be created by a human being to obtain a copyright....more
Last month the District Court for the Central District of California granted the defendant’s motion for summary judgment in the case San Diego Gulls Hockey Club, LLC v ECHL, Inc.. The league’s win resolves the league’s...more
Few marketing projects pack the punch of a logo design or redesign: Your firm’s logo is the primary visual messenger of your brand, appearing on materials ranging from court filings to Koozies. It’s imperative that a...more
Dark Patterns Come to Light in California Data Privacy Laws - Imagine this scenario: You are navigating through a website or watching an in-app ad, when suddenly you are redirected to a subscription page, even though you...more
Attorney Elizabeth M. Sbardellati recently presented "Trademarks & Copyrights: How to Protect Your IP Without Breaking the Bank" to a group of women startup owners as part of the Women Founders Network organization. A summary...more
Seyfarth Synopsis: Two new California laws are set to significantly affect the entertainment industry: one will deal a giant blow to productions and studios accustomed to hiring independent contractors; the other will give...more
Last month American Airlines, Inc. successfully landed its turbulent pursuit to register its “Flight Symbol” logo with the Copyright Office, after the Copyright Office Review Board (CORB) electively revisited and reversed its...more
In light of a possible no deal Brexit, businesses need to consider the impact such a scenario would have on their intellectual property rights, in particular trade marks, designs, patents and copyrights. For the majority of...more
The Supreme Court’s decision in Star Athletica v. Varsity Brands established a new and simplified test for determining whether useful articles can obtain copyright protection. Many have wondered, in the year since it was...more
Growing frustration in the fashion community regarding weak or non-existent intellectual property laws has finally caught the attention of some nations. Nigeria is one nation that currently is trying to alleviate this...more
On November 1, 2017, the Division of Corporation Finance (Division) of the Securities and Exchange Commission (SEC) released Staff Legal Bulletin No. 14I (SLB No. 14I) to offer guidance on the scope and application of Rules...more
On October 19, 2017 Hush Hush Sound Inc, Michael David, and Tyler Blake (collectively “Plaintiffs”) also known as the Electronic dance music duo “Classixx” filed suit in the District Court for the Central District of...more
The Situation: Alterations to the European Union’s trademark laws came into force on October 1, 2017. ...more
After considering almost a year’s worth of substantive briefing (including fifteen separate amicus briefs), oral argument, at least ten distinct tests employed in courts throughout the country, as well as numerous novel tests...more
The US Supreme Court’s ruling in Star Athletica v Varsity Brands provides a path to copyrightability for pictorial or graphical elements of clothing designs and useful articles. Laura Ganoza and Julie McGinnis of Foley &...more
In a 6–2 decision authored by Justice Thomas, the Supreme Court of the United States provided guidance as to whether aesthetic designs of a cheerleading uniform, such as stripes, chevrons, zigzags and color blocks, are...more