News & Analysis as of

Corporate Branding

Top 10 developments in China for brand owners

by DLA Piper on

This alert covers issues such as increasing political sensitivity, an increasingly tough online environment, an increase in the number of trademark fillings made in China, the new Chinese anti-unfair competition law, a more...more

Carvana and Google: Co-Branding Nirvana?

Carvana — online car dealer and operator of “a higher state of car buying” — sports a halo in its non-verbal logo shown above, but is it an angel when using the Google name and logo in t.v. ads?...more

GDPR And The Future of WHOIS Data

by Ballard Spahr LLP on

With the European Union’s General Data Protection Regulation (“GDPR”) set to go into effect on May 25, 2018, many questions remain as to what entities that control and process data from EU citizens must do to comply. ...more

Branding and Trademark Series: Building a Brand

The word “brand” has come to be used broadly as a business buzzword, and with good reason. A brand often is comprised of a company name or a product name - but it is much more than that. It is a projection and reflection of...more

Amazon Smiles With Iconic Non-Verbal Logo?

Yesterday, while on the highway heading to a client meeting, I noticed a truck that looked like this...more

FRANCHISOR 101: Finger Lickin’ Restrictions

by Lewitt Hackman on

Franchise agreements give franchisors nearly absolute, unfettered discretion to control advertising of their brands. Franchisors need not regard prior course of dealings with franchisees. An Illinois federal court dismissed a...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

Europe – General Court: Bad faith’s link to likelihood of confusion

by Hogan Lovells on

(Case analysis: T-687/16 – Koton Magazacilik Tekstil Sanayi ve Ticaret AS v EUIPO / Joaquín Nadal Esteban) - Successfully proving bad faith in a cancellation action can be a challenge....more

How to Make It Rain… Eventually

DRI's For the Defense magazine, "Raising the Bar" column - After three years of law school and two long, grueling months spent studying for the bar, it never occurred to me that much of my future in “BigLaw” would hinge on...more

Total Brand Care Q&A – Product labeling and packaging in Europe

by Hogan Lovells on

Hogan Lovells Total Brand Care is our firmwide holistic approach to creating, commercializing and protecting our clients’ most valuable asset – their brands. Creative product labeling and packaging can help promote and add...more

Six Great Attorney Bios You Wish Were From Your Firm

by Knapp Marketing on

We’re pretty good at spotting firms that are in the planning stages of their new website. The tell? Usually, the marketer in charge posts questions on legal marketing-related social media and Special Interest Group forums...more

Danger in the Korean Peninsula: Ambush marketing and the Olympic Games

by Smart & Biggar on

For a few weeks every two years, the Summer and Winter Olympic Games offer brand owners and advertisers the opportunity to reach billions of people in hundreds of countries. The Summer Games in Rio 2016 reached a television...more

The opportunities and challenges associated with product labeling and packaging in Europe: Total brand care

by Hogan Lovells on

From bright and glossy, to refined and elegant, product labeling and packaging convey information, messaging, and claims about a brand. At the same time the labeling and packaging must also include mandatory information,...more

Are You Leading With Buddha’s Hand Too?

Size and prominence of wording on business signs, product labels and hangtags will often emphasize brand signals. Yet, sometimes decisions are made to scream generic names instead....more

IP Newsletter- French language / Français

by Hogan Lovells on

Our Paris team is delighted to provide IP news and updates in French language. The latest edition, #17 from January 2018...more

Paul Rossler: 6 intellectual property mistakes

by GableGotwals on

Intellectual property – in the form of trade secrets, patents, copyrights, and trademarks – is growing in importance and value. Yet, many companies fail to secure or adequately protect their intellectual property because of...more

The Elvis Presley Estate Loses Bid to Block ELVIS JUICE Beer

Trademark disputes involving breweries are nothing new, with breweries battling each other, wineries, and even cities over trademarks. We can now add estates of dead celebrities to the mix, as the Estate of Elvis Presley...more

Novel Theories Emerge in Merger Enforcement

Antitrust merger enforcement historically has focused on horizontal mergers — consolidation of two firms that compete directly in the same space. This is especially true in the U.S., where antitrust authorities have...more

That Sound Reminds Me of…

by Burns & Levinson LLP on

Part of the fun of trademark practice is its unique overlap with literature, art, science, culture, and psychology. Words and symbols are used as trademarks to identify sources of commercial goods; convey messages to...more

What’s up with WHOIS? The GDPR May Limit or Prevent Access to Domain Name Registration Information

by Dorsey & Whitney LLP on

Domain name registrars and registries might soon be changing their mantra from, “I think ICANN,” to, “Maybe ICANN’T,” when it comes to providing publicly available WHOIS information for domain name registrants. New potential...more

It's Official: Brewers Will Pay Less Tax in 2018. Now What?

by Ward and Smith, P.A. on

On December 22, 2017, the President signed into law the Tax Cuts and Jobs Act, which reduces the federal excise tax on brewers for years 2018, 2019, and 2020. A detailed description of how the new law reduces brewers' excise...more

Trademark Practice Update: Scandalous? Immoral? It's all Good

On December 15, 2017, the U.S. Court of Appeals for the Federal Circuit held that the Lanham Act’s prohibitions on registering scandalous and immoral marks discriminated based on content, and violated the First Amendment (In...more

Ultra Violet is the New Black

The color purple has long been associated with royalty, so perhaps it should come as no surprise that Pantone’s color of the year for 2018 --the year of the next royal wedding-- is PANTONE® 18-3838 Ultra Violet, a blue-based...more

You Have Goat to be Kidding Me

Billie Goat Tavern & Grill in Chicago has sued St. Louis-based The Billie Goat Chip Company for trademark infringement, claiming the sale of Billie Goat Chips in Illinois and elsewhere is causing confusion with their tavern....more

So big they failed… How trademarks become generic

by McAfee & Taft on

Most of us understand that a trademark is the brand name for a product: Oreo® sandwich cookies, Kleenex® tissue, Velcro® fasteners. But what happens when one brand name becomes so ubiquitous and so closely identified with a...more

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