Brand

News & Analysis as of

.SUCKS Fights Back against Critics: Is It Enough to Convince Brand Owners to Buy the Domain?

Many brand owners are holding out to see whether the Federal Trade Commission (FTC), or any other government agency in the United States or elsewhere, takes action against Vox Populi Registry Ltd. (Vox Populi) over what some...more

Advertising Law - May 2015 #3

U.S. Supreme Court Could Decide Future of Privacy Law Class Actions - The future of consumer class actions alleging privacy violations may be in the hands of the U.S. Supreme Court now that the justices have granted...more

Why Reputation Risk is Quickly Climbing the Ethics and Compliance Priority List, Part 2 | Beyond Compliance Training

Last week, we covered the fundamentals of how reputational risk can impact a company. More companies are crafting strategies to handle this level of brand management by incorporating a more public focus on ethics and...more

Like It or Love It: How Not to Get Pinned (Legally) When Using Social Media to Promote Your Brand

Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great ways to interact with friends, family and potential customers. They are great avenues for advertising and promotion of one’s...more

#Trademarks?: Hashtags as Trademarks

Hashtags have become ubiquitous in social media, but their status as intellectual property—particularly as trademarks—is still developing. First adopted by Twitter users to link user posts, hashtags are character strings...more

Trademark Dos and Dont's: Conducting a Trademark Clearance Search

So you’ve come up with a creative name for your business or your product. You have thought hard about it, and probably feel a vested interest in this name. The next step in protecting your name is to conduct what is known as...more

YourBrand.sucks — Unless You Act Now!

As the INTA Annual Meeting winds down, one memory for me that certainly stuck out was an on-site ad campaign revolving around the new “.sucks” top-level domain (“TLD”). Depending on whom you ask, it’s either ingenious or...more

FRANCHISOR 101: Time for a Tall One? 3rd Circuit Affirms MillerCoors' Victory in Dispute

A U.S Court of Appeals ruled in favor of MillerCoors finding the brewer did not violate its distribution agreement with a beer distributor or Pennsylvania's alcohol beverage laws when it (i) assigned distribution rights for...more

Remember the Alamo® but Don’t Forget the License.

With hard pressed economic times, state and local governments have turned to new sources of revenue: intellectual property licensing. The City of New York has been in the game for decades, licensing use of its the I ? NY...more

Is “i” Passé? What the Apple Watch is Telling Us About Technology Branding

Anyone who knows me at all knows that I suffer from a terrible affliction called “early adopter syndrome.” I had a cell phone when it really was more of a brick with a speaker and the first smartphone, I can tell you, was not...more

More Imaginative THANN Other Soap Brands

On a recent trip to the Washington, D.C. area, I had the opportunity to stay at the Bethesda North Marriott Hotel & Conference Center, and I’ll have to say, as a trademark type, it was difficult to avoid being drawn to their...more

Taylor Swift Takes Another Step Towards Building Her Empire By Trademarking Her “Swifty” Phrases

From her signature red lips to her retro-chic fashion ensembles, Taylor Swift has carefully crafted and maintained her brand.  Now the 25-year-old musical sensation has taken the next steps toward building her empire....more

Soaring Chinese investment in the UK - but when will the North get its share?

Chinese companies are growing in the UK at an unprecedented rate, adding a significant contribution to the UK economy through growth and employment. Research by the China Daily into UK businesses with Chinese parent...more

Super Inspire Me!

I had the great fortune to attend the recent FUSE conference held in Chicago for design and branding professionals, and see Oscar-nominated documentary filmmaker Morgan Spurlock speak. ...more

Chicago Cubs Make News Again with Trademark Lawsuit

The Chicago Cubs have been in the news lately relating to its legal battle over its new advertising signs with the surrounding rooftop bars and investors. However, the Chicago Cubs have also initiated a brand new lawsuit...more

USDA National Organic Program Instruction on Use of Brand or Company Names Containing the Word Organic

On August 14, 2014, the National Organic Program (NOP) of the United States Department of Agriculture (USDA) issued its “instruction” to the accredited certifying agents (Certifiers) that certify operations to the USDA...more

Coke Walks Tightrope in ZERO Branding

As you may recall, last September we wrote about Coca-Cola’s Significant Interest in Zero Marks, discussing Coca-Cola’s defense of a trademark infringement suit brought by an individual named Mirza Baig, who claimed rights in...more

A Questionable Future for .SUCKS Domain Names?

In response to a veritable deluge of concerns from brand owners over the .SUCKS domain name registry’s pricing structure, the Internet Corporation for Assigned Names and Numbers (“ICANN”) sent a letter to the U.S. Federal...more

Global Trademark Protection — 5 Practical Considerations

When Tim Berners-Lee developed the World Wide Web in 1990 as a tool to share information among specialized researchers, he likely did not anticipate the degree to which his invention would radically change — in just a few...more

B&B Hardware v Hargis Industries - Supreme Court: TTAB rulings refusing registration on likelihood of confusion grounds may be...

The United States Supreme Court has decided an important question of trademark law that has divided the courts of appeals. The Court held in B&B Hardware, Inc. v. Hargis Industries, Inc., No. 13-352, 575 U.S. ____, 2015...more

Locke Lord QuickStudy: Supreme Court Upends Brand Protection Strategies

In the landmark B&B Hardware, Inc. v. Hargis Industries, Inc. case the Supreme Court held that administrative Trademark Trial and Appeal Board (TTAB) decisions on likelihood of confusion may preclude the parties from...more

Corporate Branding and Ethics and Compliance Charters and Policies

There is a lot written on the value of symbols in political and public relations campaigns. My favorite President, Franklin Roosevelt, was a master at using symbols to communicate powerful ideas to the public....more

The Launch Of .PORN & .ADULT TLDS

In 2011, the Internet Corporation for Assigned Names and Numbers (“ICANN”) made waves by approving the first adult entertainment industry-specific top-level domain (“TLD”), “.XXX,” administered by the ICM Registry. At that...more

The Next New gTLD Just .Sucks for Brand Owners

Hot on the trails of .porn and .adult, a new gTLD enters the fray next week — one that’s already giving PR departments heartburn. The .sucks domain launches for sunrise registrations on March 30, 2015, and with it yet...more

Seeing Double Trademarks on St. Patrick’s Day? It’s Probably the Guinness

St. Patrick’s Day is upon us, which in Boston means loads of Kelly green, a famously-litigated parade, and a huge spike in the consumption of Guinness. The iconic dark stout travels in equally recognizable containers, each...more

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