News & Analysis as of

Brand

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

Trademark Licensee Cannot Claim Priority Based on Brand-Owner’s Pre-License Common-Law Rights

On September 8, 2017, the TTAB held that, absent ownership rights, a trademark licensee cannot establish priority based on a licensor’s use of the mark prior to the date of the license. Pro Boxing Supplies, Inc. owns a...more

Part 2: Let’s Get Digital – Building and Protecting Your Food & Beverage Brand

by Davis Wright Tremaine LLP on

Last week, we hosted the first session of a three-part workshop series with Oregon Entrepreneurs Network (OEN) entitled “Recipe For Success—Starting and Scaling Your Food & Beverage Business.” Session #1 focused on building...more

Be Proactive: Protect Yourself from Unfair Competition

by Cohen & Grigsby, P.C on

Most sophisticated companies actively protect their intellectual property from infringement. They scour the market looking for possible infringers, and they update their searches for possible infringement on a regular basis....more

Legal Issues Within The Beverage Industry

Jeff Stover, an intellectual property attorney with Haynsworth Sinkler Boyd, recently spoke at BevCon Charleston, a conference solely focused on the beverage industry. While most of us see the fun side of the beverage...more

#unfaircompetition – limitations to influencer marketing under German law

by Hogan Lovells on

More and more companies advertise their products through so called influencer marketing, using the accounts of social media stars to reach their followers. The Higher Regional Court of Celle decided recently that a company...more

#Ad and the challenges of native advertising and social influencers

by Hogan Lovells on

Westminster Media Forum recently hosted a seminar to discuss native advertising and social influencer marketing and their measurement, regulation and impact on brands....more

Lessons from Birkenstock's Dispute With Amazon Over Product Control

by Robins Kaplan LLP on

Online sales platforms have made shopping more convenient for consumers around the world. Consumers can purchase goods abroad and receive them within days. This convenience, however, has not come without controversy....more

Accidental Franchise = Potential Lawsuits, Fines + Other Penalties

by Lewitt Hackman on

Business owners looking to expand may leave themselves vulnerable to several obvious losses, including those related to finance, brand identity, and customer loyalty. Resources, including exemplary human resources, are...more

The FTC Won’t Let Me Be: Warnings and Enforcement Actions Targeting Social Media Influencers

by Goulston & Storrs PC on

According to recent Nielsen ratings, the most watched TV shows and live TV events top off at around 20 million viewers. In contrast, the most popular personalities on various social media platforms have well over 100 million...more

FTC Provides Guidance to Social Media Influencers in Live Twitter Chat

by Ballard Spahr LLP on

Influencer marketing is the popular practice of using individuals with large social media audiences—known as "influencers"—to advertise products and services through their social media accounts....more

What Are You Thinking, Coke Zero?

The above advertising billboard is plastered all over the Twin Cities at the moment, and it got me thinking, so here I am, once again, writing about Coke Zero, remember this can?...more

“Hook and Loop” Meet Chutes and Ladders

Nearly everyone in the IP community is talking about the hilarious viral Velcro music video released last week. Hat tip to Patently-O, Martha, and Brett...more

Paid to Post? #FTCAdvice for Influencers

In our previous blog post, “#CAUTION: FTC Ramps Up Enforcement of and Education on Social Media Influencer Disclosure Requirements,” we discussed a recent Federal Trade Commission (the “FTC”) settlement and the FTC’s...more

No Free Ride for Copycat Perfume Company – Fair Use Rejected, False Advertising Found, Accounting of Profits Awarded

by Dorsey & Whitney LLP on

Well-known perfume marketer Coty Inc. had a big win in New York federal district court, obtaining injunctive relief and $6.5 million dollars in an accounting of profits from copycat perfume seller Excell Brands, LLC. In an...more

Day 20: What Does Innovation in Compliance Look Like?

by Thomas Fox on

As I end this section on innovation, I want to conclude by laying out a road map which allows a CCO or compliance practitioner to make more effective and better operationalize a corporate compliance program. With the DOJ’s...more

Wine And Spirits Are not Always Confusingly Similar

by Weintraub Tobin on

Brand litigation can be extreme in the consumer products space and even more so for alcoholic beverages (legal cannabis brand owners take note and start stockpiling your war chest). It’s not uncommon for litigation to arise...more

Is Comic-Con The Victim Of Genericide?

by Fox Rothschild LLP on

A federal judge in San Diego has cleared for trial a case that may strip San Diego Comic-Con from trademark protection. First, some background. Even a registered trademark such as Comic-Con can lose protection if it...more

Are pretzel crisps crumbling into genericness?

Marketing types and legal types who review labels, be well advised to choose words used carefully. In other words, if you believe you own rights in Pretzel Crisps as a trademark, it’s not wise to use the number of...more

The Threat Of Counterfeits Via Social Media Drives Major Investigation From British Government

by Ladas & Parry LLP on

On September 4, 2017, the British government released a detailed study that investigated the impact of social media on counterfeit trade. The report highlights the complexity of trying to quantify recent levels of...more

Influencing the Influencers: FTC Updates Its Endorsement Guide FAQs

On Sept. 7, 2017, the Federal Trade Commission (FTC) updated its answers to a series of frequently asked questions, in its “Endorsement Guides: What People Are Asking” (the “Updated FAQs”), about its “Guides Concerning the...more

Why Your Company Name Matters –The Right Name Accelerates Growth And Saves You Marketing Costs When Every Dollar Matters

by Fox Rothschild LLP on

Is your startup brand so strong that consumers tattoo the logo on their arm? Or so hard to pronounce that investors, vendors and customers are disinclined to do business with you? According to a study published in the...more

Branding Life

Almost anything that catches the public’s attention for more than a few minutes ends up as the subject of a trademark application by someone trying to capitalize on the moment and own a piece of the public discourse. So it...more

I’m Saying, I’m Down with the I’MN Slogan

Love the new Minnesota State Lottery advertising slogan: I’MN. Or, as one of my college age sons often says, when he’s in agreement with someone’s idea or proposal, I’m down....more

Trademarks in the World of Golf - How In-House Counsel and Company Owners in the Golf Industry Can Take Stock of Their Game

by Nexsen Pruet, PLLC on

Many of us golfers spent last weekend watching the PGA Championship at Quail Hollow. I was fortunate to be out on the course for Tuesday’s practice round where, in the early morning rain, I followed Justin Thomas as he...more

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