News & Analysis as of

Brand

Justice (and Lunch) is Served: Second Circuit Holds that Food Truck Branded with Ethnic Slurs is Entitled to First Amendment...

In a recently issued decision, the Second Circuit held that a food truck could not be excluded from a New York State lunch program solely because the truck and the food it sells was branded using ethnic slurs. Wandering Dago,...more

#Trending: The FTC has stepped up regulatory investigations on social media. Is your company in compliance?

by Hogan Lovells on

Facebook, Instagram, YouTube, and other social media platforms have become the format of choice for many companies that want to advertise their products and services. At the same time, the U.S. Federal Trade Commission (FTC)...more

#TheFTCisWatchingYou: Influencers, Hashtags and Disclosures 2017 Year End Review

by Patrick Law Group, LLC on

Influencer marketing, hashtags and proper disclosures were the hot button topic for the Federal Trade Commission (the “FTC”) in 2017, so let’s take a look at just how the FTC has influenced Social Media Influencer Marketing...more

Three Point Shot - December 2017

by Proskauer Rose LLP on

Showdown over Mayweather – McGregor Streaming Glitches Knocked out of District Court - All boxing fan Victor Mallh ("Mallh" or "Plaintiff") wanted for the holidays this year was a chance to stand toe-to-toe with...more

Europe: Double victory for Coca-Cola – General Court stops free-riding from outside EU

by Hogan Lovells on

Judgment of 7 December 2017 in Case T-61/16 – The Coca-Cola Company v. EUIPO / Modern Industrial & Trading Investment Co. Ltd (Mitico)) - The General Court confirms that actual commercial use of an EUTM application can...more

Top Advertising Law Enforcement Trends for the New Year

by Perkins Coie on

This holiday season, brands are ready for bustling sales, special offers and joyful consumers. However, with regulators on the lookout for deceptive practices and plaintiffs’ attorneys ready to file class actions, the...more

Comic Con (TM)

by Winthrop & Weinstine, P.A. on

The term Comic Con has become synonymous with a certain culture. In recent years, comic book conventions (and comic book culture), have become increasingly popular. Annual comic book conventions are held in major cities...more

Protecting Prestige: EU Decision Safeguards Sale of Luxury Brands From Online Marketplaces

by Ballard Spahr LLP on

In a major victory for luxury brands in Europe that could have far-reaching effects on e-commerce sales of luxury products in the future, the European Court of Justice (COJ) recently held that a luxury goods supplier can stop...more

Six Key Trademark Filing and Protection Strategies for Canada in 2018

by Smart & Biggar on

As 2017 draws to a close and we begin to look forward to the new year, the countdown to the implementation of Canada’s new trademark law begins in earnest. Announced in 2014, Canada’s Bill C-31 is expected to be implemented...more

Being your Best Brand: A Lesson from the Luxury Market

by Womble Bond Dickinson on

Becoming, and staying, a great brand is rife with challenges and the need to protect and enforce a brand is never ending. This is especially true in the luxury world, where brands are constantly challenged by counterfeit...more

John Deere: These Colors Don’t Run

by Winthrop & Weinstine, P.A. on

Growing up with a farm in the family, I learned early on that Nothing Runs Like Deere®. As people tend to do, we named all of the tractors – after Masters of the Universe characters, of course. There was a front-loader...more

Key Considerations in Maximizing a Celebrity Brand

A celebrity should maximize the value of their brand by strategically monetizing every aspect of it. For example, one who becomes famous through the recording industry would consider a career in front of and behind a...more

Cannes Brick and Mortar Retail in the United States Make a Comeback?

by Goulston & Storrs PC on

2017 MAPIC Conference in Cannes, France - Last week, a contingent from Goulston & Storrs attended the annual MAPIC conference in Cannes (pronounced “Can”), France for the seventh consecutive year. We expected to field...more

When Names become Brand Names

by Winthrop & Weinstine, P.A. on

Naming things is a fundamentally personal, human act that sometimes – in a profession all about brand names – we take for granted. It’s easy to forget when we are clearing, registering, and protecting names, that at a basic...more

A Thanksgiving of Patentable Nuts and Vintage Nutcrackers

No, this post is not about the Thanksgiving antics of eccentric relatives. Rather, it describes patented varieties of almonds, walnuts and pecans they may crack open with vintage nutcrackers—making a gleeful mess before...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

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

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