(Podcast) The Briefing: The Protectability of Short Phrases (Archive)
The Briefing: The Protectability of Short Phrases (Archive)
Propel: The branding and uniqueness of self-driving vehicles – an overview of design law
Williams Mullen's COVID-19 Comeback Plan: Leveraging Your Existing IP & Previous Marketing Campaigns to Attract Customers
At the National Advising Division (NAD), competitors will sometimes go for the brass ring, the big prize, the whole enchilada, and ask the NAD to recommend that an advertiser’s trademarked slogan or even the brand name be...more
The National Labor Relations Board (NLRB or the Board) has ruled that a Home Depot employee engaged in protected concerted activity by wearing a Black Lives Matter (BLM) slogan on a company uniform. The Board found that...more
While iconic catchphrases from TV and film can hold significant equity, protection of them can be spotty. Scott Hervey and Tara Sattler talk about the protectability of short phrases on this archive episode of The Briefing....more
The rapid adoption of generative artificial intelligence (AI) presents both unique opportunities and challenges for trademark and brand owners. By harnessing AI’s potential, businesses can accelerate the branding process by...more
On June 1, 2023, the Sixth Circuit Court of Appeals found that a Lanham Act false advertising lawsuit was not covered under the “personal and advertising injury” coverage section of a commercial general liability (CGL) policy...more
A trademark can be any word, phrase, symbol, design, or a combination of these features that helps differentiate your goods or services from others. Businesses should consider seeking trademark registrations to protect their...more
In this installment of A&O’s podcast series on autonomous vehicles, NY partner Paul Keller interviews our own David Stone, the Global Head of Intellectual Property, and author of a leading textbook on EU design law. Listen as...more
Slogans can, but do not always, function as trademarks. To be sure, the United States Patent and Trademark Office (“USPTO”) frequently allows slogans such as JUST DO IT! or QUALITY THROUGH CRAFTSMANSHIP, among many others, to...more
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. In this issue,...more
IP attorneys Craig Mytelka and Alex Gabriel discuss how you can reinvigorate your business by raising its profile in a cost-effective manner. Topics include: • Auditing your existing IP portfolios, particularly trademarks...more
This case highlights the importance of clearing new advertising slogans before embarking on a major marketing campaign. Because advertising slogans tend to be used for shorter periods, they are not always subject to the same...more
In 2016, SportFuel sued PepsiCo for using their registered trademark “SPORTFUEL” in a slogan used to advertise Gatorade products. SportFuel is a personalized nutrition consulting firm in Chicago. ...more
On May 31, 2017, President Trump tweeted a half-formed message with a mystifying final word: “Despite the constant negative press covfefe”. The Twitterverse and other social media platforms went wild with re-tweets, memes and...more
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...more
Kurze Einleitung - Liebe Leserin, lieber Leser, das vergangene Jahr war turbulent: der Amtsantritt Donald Trumps, der Höhenflug des Bitcoin, die Bundestagswahl und vieles mehr beschäftigten - und überraschten - uns....more
An advertising slogan like “A Diamond is Forever” may be eternal, but the same cannot be said about some comparative advertising claims. If a company advertises its product as superior to a competitive product, the ad claim...more
Constitution Day 2013 was a pretty bad day for the Constitution on our public university campuses. That was the day that Robert Van Tuinen of Modesto Junior College in California was prevented from passing out copies of the...more
In our 140-character world, slogans and rallying cries have become a popular shorthand to signify support for the emotion of the moment. As such slogans capture our national attention, it is virtually inevitable that the next...more
The Downfall of a “Stacked” Wine - Stacked Wines, LLC makes individually-packaged glasses of wine that vertically stack to form one full bottle of wine. Stacked Wines sought to register the mark STACKED in the...more
In This Issue: - IS THIS REALLY A JOB FOR THE TRADEMARK OFFICE? Legal proceedings involving mass murders and lurid sexual escapades get lots of media attention. Trademark cases? Not so much. That’s...more