We continue to monitor lawsuits that lie at the intersection of street art, fashion and advertising. Previous issues of Kattison Avenue and Katten Kattwalk have covered the risks that generally come with using street art on...more
Court applies Polaroid factors to determine likelihood of confusion -
In our Fall 2021 issue, we reported on the Second Circuit's decision in 1-800-Contacts, Inc. v. Federal Trade Commission, 1 F.4th 102 (2d Cir. 2021). In...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
New York Proposes Significant Regulation for Fashion Industry: The ‘Fashion Sustainability and Social Accountability Act’ -
On January 7, New York State Senator Alessandra Biaggi and Assemblywoman Anna R. Kelles introduced...more
1/27/2022
/ Coronavirus/COVID-19 ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Intellectual Property Protection ,
Likelihood of Confusion ,
New York ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vaccinations
Over the past year, I've carefully followed the increase in litigation brought by artists against retailers — clothing brands, automotive brands, and food and beverage chains — for the alleged copying of their distinctive...more
Letter From the Editor -
As summer wanes and we begin a new academic year amidst ongoing uncertainty, we are reminded that the only constant is change. This issue of Kattison Avenue considers the latest changes in the...more
9/20/2021
/ Advertising ,
Federal Trade Commission (FTC) ,
Influencers ,
Made in the USA ,
Marketing ,
Mobile Apps ,
NCAA ,
Online Endorsements ,
Social Media ,
Trademark Infringement ,
Trademarks ,
Websites
Advertising on the Internet is big business. It can also be cutthroat. One way companies market their goods and services online is via “search advertising.” When an online shopper uses a search engine, the search engine’s...more
In our Summer 2021 issue, we reported on the trademark infringement lawsuit filed by artist Christophe Roberts against Puma North America, Inc., in which the artist claimed that the athletic retailer wrongfully made use of...more
Gambling With Graffiti: Using Street Art on Goods or in Advertising Comes With Significant Risks -
Graffiti. Guerrilla Art. Street Art. Aerosol Art. Tagging. It appears on the sides of buildings, highway signs, boundary...more
8/5/2020
/ Acquired Distinctiveness ,
Advertising ,
Appeals ,
Booking.com ,
Domain Name Registration ,
Domain Names ,
Gambling ,
Generic Marks ,
Illegal Gambling ,
Intellectual Property Protection ,
Lanham Act ,
Marketing ,
Online Gaming ,
Price Gouging ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
On August 28, 2013, the founder of the classic rock band BOSTON and the owner of all of its trademarks lost a bid to prevent the band’s former lead singer from using the name BOSTON in connection with his ongoing musical...more