News & Analysis as of

Brand

Has the dust settled on OEM trademark infringement? China’s SPC reaffirms that OEM does not infringe on Chinese trademarks

by Hogan Lovells on

In a recent landmark decision, the Supreme People’s Court (“SPC”) reversed the remarkable appeal decision in the Dongfeng trademark case about Original Equipment Manufacture (“OEM”). The SPC reiterates its view expressed in...more

SUMO CITRUS — Sign of Super-Sized Flavor?

While many other places in the country are enjoying signs of spring, here in the Twin Cities, we’re hanging on to the white stuff, for a while longer; we shoveled 22 inches worth this past weekend! There’s something about...more

Here’s the Recipe: How to Ensure Your Food and Beverage Company Will Be Ready for a Value-Maximizing Sale

by Morrison & Foerster LLP on

You’ve created a great product and built a valued brand. You’ve devoted countless hours to building relationships with key distributors and retailers, designing attractive packaging, and forging a social media presence. But...more

Enforce Your Intellectual Property or Risk Losing It

by Varnum LLP on

As a startup or early stage company, you have many things to focus on – growing your sales, revenue, cash flow, and creating meaningful profits. Protecting and enforcing your intellectual property (IP) is most likely not your...more

OTA & Travel Distribution Update - Price-fixing fines imposed against FlightCentre; Red Lion's unorthodox approach to loyalty;...

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending April 6, 2018 is below. A variety of stories are featured in this week’s Update, including an interesting follow up story on Red Lion’s somewhat unique (and...more

A Few Highlights from FUSE 2018 in NYC

Every time I leave the annual FUSE conference (2013, 2014, 2015, 2016, 2017) — appropriately dubbed The Event for Design & Brand Strategists, I return home infused with extra creative energy, and this year in New York City...more

Fuse – Next Big Design

I just got back from my yearly trip to hang out with creative people and learn about branding and design at FUSE. This year we traveled to the brand capital New York City....more

Cannabis Shirt Battle Costs Iowa State Almost $1M

by Dorsey & Whitney LLP on

We previously posted about a four year legal battle that arose from a refusal by Iowa State University to let its school logos be used on t-shirts by an on-campus pro-cannabis group, and the free speech implications of this...more

Hashtags vs. Trademarks – Does it Really Matter?

by Workman Nydegger on

The use of social media is soaring, and people are increasingly using #hashtags. As most people know, a hashtag is a word or phrase preceded by a hash mark or a pound sign (#) (e.g. #hashtag). Hashtags are used to...more

Fair Enough: The “Fair Use” Defense to Trademark Infringement

by Jaburg Wilk on

In the context of trademarks, “fair use” is the term given to the use of someone else’s trademark in a way that will not subject the user to liability for infringing the owner’s rights. Fair use is a defense to a claim of...more

Getting the Brand Back Together: Are Dead Trademarks Free to Use?

It’s Monday, and you’re at the local coffee stand with your work buddies sipping pour-overs made from freshly roasted fair trade beans. Brad from accounting is telling everyone about the new show he just binged on Netflix....more

A Bourbon Pecan Pie Fest of Plant Patents, Copyright “Originality” and Soiled Chef Brands

Pecans are a microcosm of Americana. “As the Stuart Pecan Company would brag in 1893: ‘We [Americans] have rightfully a monopoly upon the nut.’”...more

How Do You Define the Value of a Law Firm? Thoughts for the firm considering an ownership transition.

by Hayse LLC on

What is your law firm worth? This question is paramount when the owners of a firm consider the possibilities related to a merger, a succession plan involving existing members, or the outright sale of an established practice....more

Gearing up for e-sport: Seizing opportunities and tackling legal issues

by Hogan Lovells on

On 27 March, Partner Eugene Low and Associate Arthur Ng from our Hong Kong office gave a presentation on e-sports at a reception event organized by the Association of Corporate Counsel, Hong Kong. ...more

Proving A Franchisor’s Irreparable Injury To Obtain A Preliminary Injunction

by Mulcahy LLP on

When a franchisor grants a franchise, it licenses, among other things, its trade name and business operating system. By doing this, the franchisor trusts its franchisees, area representatives, and sub-franchisors with its...more

Legal Black Holes Proliferate After Stephen Hawking’s Death – Massachusetts Allows Somewhat Limited Innovator Liability

by Reed Smith on

Stephen Hawking may have been the smartest guy in the world, even though he believed that “People who boast about their I.Q. are losers.” Hawking is best known for his work on black holes. As used in physics, a black hole...more

Fashion Law Newsletter - March 2018

by K&L Gates LLP on

Style is something each of us already has, all we need to do is find it." – Diane von Furstenberg Welcome to our latest edition of Fashion Law where we provide you with the latest updates on legal issues affecting the...more

#Trending: Omnichannel Loyalty and Leveraging Social Media Channels

by Goulston & Storrs PC on

Technological advancements in the current digital age allow consumers to browse and buy products on smartphones and tablets, bringing an unlimited number of retail options to their fingertips—literally. Thus, in an effort to...more

What’s In A Name?: Issues With Naming Your Product And Company

by Husch Blackwell LLP on

Choosing a common or trendy name for your startup opens your company to risk. You might like the name “Company XYZ,” and you might think you’re the “Company XYZ” of your field, but “Company XYZ” might disagree with you. If...more

Are Your Employees Telling Your Brand’s Story?

by Adrian Dayton on

Marketers have the task of understanding their current and potential customers. With this information, marketers can tell a brand’s story and connect with said customers through many channels, one of them being social media....more

Creating Buzz Through Creative Brand Management

by Fox Rothschild LLP on

Today is International Women’s Day. As a way to celebrate, McDonald’s has flipped their iconic golden arches upside-down. The arches, one of the most recognizable logos, have been physically flipped in one California location...more

Don’t let your brand go to pot (Part II): how cannabis brand owners can cover their “buds” with plant breeders’ rights

by Smart & Biggar on

The Canadian federal government is moving quickly towards legalizing the possession and consumption of cannabis for recreational purposes. However, Canada’s cannabis industry is already “overgrown” with many licensed (and...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

Talk to Chuck, Trade Like Chuck, or Chuckit?

A recent advertisement caught my ear because it involved financial services offered by a guy named Charles Hughes a/k/a Chuck Hughes and the catchy marketing phrase Trade Like Chuck...more

Tell me your name and I'll tell you… if you comply with the French Health Authority's recommendations!

by Hogan Lovells on

On 22 February 2018, the French Health Authority (ANSM) published on its website its "Recommendations to applicants and holders of marketing and registration authorisations" on the names of medicines....more

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