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Communications & Media Intellectual Property

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

Company “Branding” and the Benefits of Federal Trademark Registration

Selecting and protecting your “brand” should begin from the very moment a business is in the process of being formed, whether that business is a sole proprietorship, partnership, corporation, limited liability company, or...more

Every bit counts: Could Blockchain be a solution for e-mobility?

by Hogan Lovells on

Does blockchain technology open up new avenues in the field of electromobility? Can decentralized processes that are controlled by a large network be used to convert individual mobility on the road to electrified vehicles and...more

Technology Evolution in the Media Industry Supported by Pilot Program Allowing U.S. Trademark Registrations to be Updated

by Ladas & Parry LLP on

Media companies have changed the way they provide their goods and services to consumers as a result of ongoing evolutions in technology. A magazine that once distributed print copies may now provide access to its articles and...more

Calling all ISPs: Your DMCA Agent Must Be (Re)Designated By December 31, 2017

by Fish & Richardson on

The Copyright Office has announced a change that requires all internet service providers to re-designate their DMCA agent by December 31, 2017. The Digital Millennium Copyright Act (DMCA) offers a safe harbor to internet...more

Celebrity Chef Sued By Certification Organization Over “Gluten-Free” Labelling

by Reed Smith on

Last month, gluten intolerance advocacy group Gluten Intolerance Group (“GIG”) sued celebrity chef Jamie Oliver for trademark infringement and unfair business practices under the Lanham Act and state consumer protection laws...more

Is the Reproduction of a Branded Product in a Depiction of Real Life an Infringement?

AM General LLC, maker of HUMVEE®-branded vehicles, has sued Activision Blizzard, Inc., Activision Publishing, Inc., and Major League Gaming Corp. in the Southern District of New York for using AM General’s trademarks and...more

Competitor’s Claim of False Advertising Through Use of Certification Mark Dismissed

by Dorsey & Whitney LLP on

In Board-Tech Elec. Co. v. Eaton Electric Holdings LLC, the U.S. District Court for the Southern District of New York recently dismissed a novel claim that a competitor’s authorized use of a third party’s certification mark...more

IP in the Food & Beverage Industry

by Ladas & Parry LLP on

Snack foods, packaging and bottling equipment, recipes and restaurants are all part of one of the world’s largest industries. The food sector plays an essential role in the economies of many countries, accounting for multi...more

gTLD Sunrise Periods Now Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more

California Grocer: The “Wild West” of ADA Website Litigation.

by Downey Brand LLP on

Much of this increase has been driven by litigation focused on the accessibility of websites. Meanwhile, grocers have become more dependent on e-commerce and have adopted technology allowing customers to order groceries and...more

Classic Trademark Fair Use of Google Mark?

by Winthrop & Weinstine, P.A. on

North Memorial Health must be spending significant advertising dollars at the moment, with a variety of ads appearing all over the Minneapolis skyway system, above is one current example....more

Journalism Organization Petitions for Resolution of the Copyright Application v. Registration Debate

by Robins Kaplan LLP on

The registration requirement in the Copyright Act is a well-known subject of debate, and the Eleventh Circuit recently joined the fray by siding with the registration approach camp. ...more

Food & Beverage Litigation Update | November 2017 #2

by Shook, Hardy & Bacon L.L.P. on

Senators Urge USDA to Implement GMO Labeling - Several Democratic senators, with Sen. Bernie Sanders (I-Vt.), have sent a letter to the head of the U.S. Department of Agriculture (USDA) urging Secretary Sonny Perdue to...more

DMCA Agent Registration Reminder

by Dorsey & Whitney LLP on

If your company hosts any type of user generated content on a website, then you should appoint and record a Digital Millennium Copyright Act (“DMCA”) agent with the Copyright Office to take advantage of safe harbor provisions...more

Cable Providers “Cut the Cord”: Audio/Video Streaming Patents Fail Both Alice Steps

The Federal Circuit affirmed the decision of the Delaware District Court in Two-Way Media, Ltd. v. Comcast Cable Communications, Inc., Nos. 16-2531, 16-2532 (Fed. Cir. Nov. 1, 2017), determining that Two-Way Media’s patents...more

New DMCA Regulations - January 1, 2018

As of January 1, 2018, the U.S. Copyright Office will implement new regulations that will impact online service providers – even those that have already registered an agent. ...more

Jay-Z Pleads Court to Remove Him from the Spotlight

by Robins Kaplan LLP on

Jay-Z does not want to be in the spotlight- at least not the spotlight of a New York federal judge. This past April, the hip-hop tycoon and Roc Nation, Jay-Z’s entertainment company, were sued by Iconix Brand Group, Inc....more

Trademark Case Too “Banal” To Justify Social Media Gag Order

Before the social media era really kicked into gear, I was representing a defendant in a defamation case who was being sued by a very wealthy plaintiff. Because of his charitable generosity, the plaintiff’s name was on...more

Blockchain trending in domain name registrations

by Hogan Lovells on

Domain name registrations often reflect current trends and it is thus not surprising that a large number of recent second-level domain name registrations under .COM and .NET include terminology relating to blockchain....more

He Who Lives by the Suit, Dies by the Suit

CBS Broadcasting Inc. has sued photographer Jon Tannen for posting still images from the Gunsmoke episode “Dooley Surrenders,” first aired on March 8, 1958. Online postings of images from classic television is fairly common,...more

Deadline Approaching for Refiling Designated Agent Information Under Digital Millennium Copyright Act

by Perkins Coie on

Last November, the U.S. Copyright Office issued its Final Rule regarding designating copyright agents under the Digital Millennium Copyright Act (DMCA) and announced a new electronic system for filing such designations....more

Fleeing The Swarm

by Orrick - IP Landscape on

Order Adopting in Part Report and Recommendation, Granting in Part and Denying in Part Motion to Dismiss Counterclaims, Denying Motion for Default Judgment, and Denying Motion to Voluntarily Dismiss Claims, LHF Productions,...more

Is it Pretty? Will H&M Assert a “Classixx” Ornamental Defense to Claims of Trademark Infringement?

by Knobbe Martens on

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

Unlicensed Use of a Festival Name May Result in a Not-So-Festive Trademark Lawsuit

by Knobbe Martens on

Music festivals, film festivals, food festivals….festivals are popular venues for entertainment and each festival strives to offer the consumer a unique experience. Of course, at most festivals, clothes must be (or should be)...more

.RU and .PФ show healthy growth whilst deterring cyber criminals

by Hogan Lovells on

The Coordination Center, which is responsible for the management of the Russian country code Top Level Domains (ccTLDs) .RU and...more

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