On January 12, 2017, the U.S. Department of Justice and the Federal Trade Commission released updated Antitrust Guidelines for the Licensing of Intellectual Property (the “Guidelines”). These Guidelines replaced those issued...more
The United States Patent and Trademark Office, Trademark Trial and Appeal Board (the “Board”) cancelled the registration for the mark PORTÓN last week, finding it to be confusingly similar to the senior mark PATRÓN. Patrón...more
The United States Patent and Trademark Office, Trademark Trial and Appeal Board (the “Board”) modified its treatment of the “family of trademarks” doctrine in the recent case In re LC Trademarks, Inc., Serial No. 85890412...more
1/16/2017
/ Ex Parte ,
Fast-Food Industry ,
Franchises ,
Hitachi ,
Intellectual Property Protection ,
Popular ,
Technology Sector ,
Trademark Application ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
On December 20, 2016, the New York Court of Appeals (New York’s highest court) issued a landmark state copyright law decision, holding in response to a certified question from the Second Circuit in Flo & Eddie, Inc. v. Sirius...more
1/5/2017
/ Appeals ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Corporate Counsel ,
Internet Streaming ,
Music ,
Music Industry ,
Musical Sound Recordings ,
Public Performance Rights ,
Radio Broadcasting ,
SiriusXM ,
Sound Recording Copyrights ,
The Copyright Act ,
Unfair Competition
The First Circuit recently issued an important interpretation of bankruptcy law that directly impacts trademark licensing rights. In In re Tempnology LLC, 559 B.R. 809 (1st Cir. BAP 2016), the First Circuit Bankruptcy...more
12/14/2016
/ Appeals ,
Bankruptcy Code ,
Commercial Bankruptcy ,
Corporate Counsel ,
Cross-Licensing Agreement ,
Intellectual Property Protection ,
Inventions ,
Logos ,
Patents ,
Trade Secrets ,
Trademarks
The Supreme Court denied review of the 2d Circuit decision on the Stolichnaya trademark....more
The Supreme Court rejected the effort by the Washington Redskins to skip the 4th Circuit and Join the hearing of the USPTO appeal of the SLANTS case....more
10/5/2016
/ Disparagement ,
First Amendment ,
Football ,
Free Speech ,
Music ,
Music Industry ,
NFL ,
Redskins ,
SCOTUS ,
Sports ,
The Slants ,
Trademark Registration ,
Trademarks ,
USPTO
The Supreme Court granted the United States Patent and Trademark Office’s petition for certiorari in In re Tam, 117 USPQ2d 1101 (Fed. Cir. 2016). In that case, the USPTO denied registration of an application to register the...more
10/3/2016
/ Disparagement ,
First Amendment ,
Football ,
Free Speech ,
Lanham Act ,
Music ,
Music Industry ,
Petition for Writ of Certiorari ,
Redskins ,
SCOTUS ,
The Slants ,
Trademark Registration ,
Trademarks ,
USPTO
The Southern District of New York recently booted shoe manufacturer LVL XIII Brands, Inc.’s trade dress infringement suit against Louis Vuitton Malletier S.A. in LVL XIII Brands, Inc. v. Louis Vuitton Malletier S.A.. At issue...more
9/22/2016
/ Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Intellectual Property Protection ,
Lanham Act ,
Louis Vuitton ,
Retail Market ,
Summary Judgment ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
USPTO
In Trader Joe’s Company v. Michael Norman Hallatt, the Ninth Circuit recently found that Trader Joe’s allegations of infringing conduct occurring within Canada supported a cognizable claim under the Lanham Act....more
9/8/2016
/ Canada ,
Extraterritoriality Rules ,
Grocery Stores ,
Lanham Act ,
Subject Matter Jurisdiction ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Trader Joes ,
Unfair Competition ,
Use in Commerce
As we have previously blogged, the Department of Justice (“DOJ”) rejected proposed modifications to the existing Broadcast Music, Inc. (“BMI”) and American Society of Composers, Authors and Publishers (“ASCAP”) consent...more
On August 4, 2016, the Department of Justice (DOJ) rejected changes to the 1941 consent decrees with ASCAP and BMI. These decrees have been in place since 1941, when the DOJ settled antitrust claims with ASCAP and BMI...more
On August 4, 2016, the Department of Justice (“DOJ”) rejected changes to the 1941 consent decrees with ASCAP and BMI. These decrees have been in place since 1941, when the DOJ settled antitrust claims with ASCAP and BMI...more
8/10/2016
/ Antitrust Litigation ,
ASCAP ,
BMI ,
Consent Decrees ,
Department of Justice (DOJ) ,
Digital Media ,
Music Industry ,
Musical Sound Recordings ,
Pandora ,
Popular ,
Public Performance Rights ,
Sherman Act ,
Spotify
In Urbont v. Sony Music Entertainment Inc., 15-1778, the Second Circuit recently revived claims against Sony and Ghostface Killah, holding that although third parties may raise a work for hire defense, here there were factual...more
8/9/2016
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Marvel Comics ,
Music ,
Music Industry ,
Preemption ,
Sony ,
Summary Judgment ,
The Copyright Act ,
Work-For-Hire
The FTC continues its efforts to combat deceptive social media advertising. Recently, the FTC brought an enforcement action against SmartClick Media LLC and its owner. The FTC alleged that SmartClick engaged in the following...more
The FTC continues its efforts to combat deceptive social media advertising. In June 2016, the FTC brought an enforcement action against SmartClick Media LLC and its owner. The FTC alleged that SmartClick engaged in the...more
Last week, the FTC announced an agreement containing a consent order, subject to final approval, resolving its claims against Warner Bros. Home Entertainment Inc. (Warner Bros.) for the company’s misleading use of social...more
Last week, the FTC announced an agreement containing a consent order, subject to final approval, resolving its claims against Warner Bros. Home Entertainment Inc. (“Warner Bros.”) for the company’s misleading use of social...more
7/22/2016
/ Corporate Counsel ,
Digital Media ,
Facebook ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Gaming ,
Online Advertisements ,
Popular ,
Section 5 ,
Social Media ,
Twitter ,
Video Games ,
Warner Brothers Entertainment ,
YouTube
The Second Circuit recently decided Capitol Records, LLC, et al. v. Vimeo, LLC (2d Cir. June 16, 2016) (“Vimeo”), a landmark decision concerning the interpretation of the Digital Millennium Copyright Act of 1998 (the...more
7/11/2016
/ Capitol Records ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Corporate Counsel ,
DMCA ,
Interlocutory Appeals ,
Internet Service Providers (ISPs) ,
Music Industry ,
Red Flags Rule ,
Safe Harbors ,
Sound Recording Copyrights ,
Takedown Notices ,
The Copyright Act ,
Vimeo ,
Willful Blindness
The Second Circuit recently decided Capitol Records, LLC, et al. v. Vimeo, LLC, (2d Cir. June 16, 2016) (Vimeo), a landmark decision concerning the interpretation of the Digital Millennium Copyright Act of 1998 (the DMCA)....more
Kirtsaeng v. John Wiley & Sons, Inc. continues to make controlling copyright law, visiting the U.S. Supreme Court for the second time on an issue of great importance to copyright owners and litigants. This time, the issued...more
6/22/2016
/ Attorney's Fees ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fee-Shifting ,
First Sale Doctrine ,
Imports ,
Intellectual Property Litigation ,
Kirtsaeng v. John Wiley & Sons ,
Publishers ,
Publishing Copyrights ,
SCOTUS ,
The Copyright Act
In a copyright decision that rocks the music industry and splits from the Sixth Circuit, the Ninth Circuit recently held that Madonna’s mega-hit “Vogue” did not violate copyright rights by sampling a 0.23-second horns segment...more
New ways of monetizing digital media has brought challenges in regulating advertising. The FTC has recently issued guidelines to provide businesses and advertisers with insights as to how to comply with the FTC Act. Despite...more
New ways of monetizing digital media has brought challenges in regulating advertising. The FTC has recently issued guidelines to provide businesses and advertisers with insights as to how to comply with the FTC Act. Despite...more
6/6/2016
/ Digital Media ,
Disclosure Requirements ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Native Advertising ,
Online Advertisements ,
Online Endorsements ,
Online Platforms ,
Popular ,
Retailers ,
Social Media ,
Unfair or Deceptive Trade Practices
Starting a few years ago, the FTC began increasing its efforts to address online disclosures in new media. For example, in 2013, the FTC issued .com Disclosures: How To Make Effective Disclosures in Digital Advertising, which...more