The ever-growing ecommerce market continues to present new opportunities for brands. But with those new opportunities comes additional challenges in preventing the unauthorized resale of products online. In the past,...more
A recent lawsuit in Texas highlights the challenges social media influencers face in protecting their intellectual property. Sydney Nicole Gifford, a well-known influencer, claims that Alyssa Sheil copied her “vibe,” –...more
12/19/2024
/ Advertising ,
Copyright Infringement ,
Influencers ,
Intellectual Property Protection ,
Misappropriation ,
Personal Brands ,
Social Media ,
Tortious Interference ,
Trade Dress ,
Unfair Competition ,
Unfair Trade Practices Act ,
Unjust Enrichment
The intersection of free speech and private business branding is once again in front of the Supreme Court of the United States. On June 5th, the Supreme Court decided to hear Vidal v. Elster, Case 22-704, an appeal from the...more
8/4/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Disparagement ,
First Amendment ,
Free Speech ,
Iancu v. Brunetti ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Matal v Tam ,
SCOTUS ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO ,
Written Consent
Creative expression through the sale of parody-based dog toys has recently caught the attention of the United States Supreme Court. On March 22, 2023, the Supreme Court listened to arguments to decide whether dog toys modeled...more
So, you’ve identified a party infringing on your brand’s intellectual property rights, and in response, you issue a cease-and-desist letter to the infringer. What you say in that letter is just as important as how you say it....more