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AI Ads & Deepfake Celebs & Misleading Claims, Oh My! – United States

The explosion of artificial intelligence (AI) offerings and integrations in recent years has sent sepia-toned twentieth-century legal doctrines scrambling to keep up with decidedly technicolor twenty-first century technology....more

“MetaBirkins” are not workin’ - Hermès wins jury trial in NFT trademark infringement brawl

Luxury goods titan Hermès has been handed a major victory in its pioneering lawsuit involving trademark infringement through non-fungible tokens (“NFTs”). A federal jury in Manhattan recently found that an artist’s NFT...more

Fashion Nova slapped with $4.2M fine for filtering out negative reviews online

Suppressing negative customer reviews may lead to costly consequences. Online fashion retailer Fashion Nova recently settled the Federal Trade Commission’s (“FTC”) allegations that the company blocked negative online reviews...more

Tips for Companies Saying Goodbye to Racial Stereotypes in Branding

The last year has seen urgent discussions concerning racism, discrimination, police violence, inequality, and social justice come to the forefront of life in the United States. Corporate America – and its brands – responded...more

New U.S. Copyright Law Alert – Intellectual Property Reforms Tucked Into COVID-19 Relief Package

On December 21, 2020, Congress passed the Consolidated Appropriations Act, 2021 and the act was signed into law on December 27, 2020. But don’t let the bland title fool you. Buried among the government funding and coronavirus...more

New U.S. Trademark Law Alert – Intellectual Property Reforms Tucked Into COVID-19 Relief Package

On December 21, 2020, Congress passed the Consolidated Appropriations Act, 2021 and the act was signed into law on December 27, 2020. But don’t let the bland title fool you. ...more

CopyC@ Pizzerias – D.C. Circuit affirms dismissal of &Pizza’s IP suit against foreign copycat

In a case “test[ing] the limits of the extraterritorial application of the Copyright and Lanham Acts,” the D.C. Circuit affirms the dismissal of design-your-own pizza restaurant &pizza’s lawsuit against an Edinburgh-based...more

Second Times the Fraud: DC Circuit supports Copyright Royalty Board sanctions against fraudulent royalty fee seeker

The D.C. Circuit affirms a Copyright Royalty Board decision to sanction a copyright royalty collections agent by preventing the agent from pursuing a number of its royalty claims after the agent claimed to represent a...more

9th Circuit swivels on trade dress functionality doctrine in favor of iconic Herman Miller office chairs

The Ninth Circuit rules in favor of furniture designer Herman Miller in its trade dress infringement suit against a copycat manufacturer of knockoff Eames and Aeron office chairs. The court affirms a jury finding that the...more

USPTO Alert – New guidance for registering geographic terms for meats & cheeses

The United States Patent & Trademark Office (USPTO) issues new guidance for trademark applications covering certain cheese and processed meat products when an applied-for mark includes geographic wording that does not...more

U.S. Supreme Court rejects categorical rule that generic term plus “.com” results in a generic composite

The United States Supreme Court holds that adding a top-level domain, like “.com”, to an otherwise generic term does not automatically result in a generic composite, and that a genericness determination must consider the...more

USPTO Alert – New fast track for certain COVID-19 trademark applications

The United States Patent & Trademark Office (“USPTO”) announces a new prioritized trademark examination program for certain trademark applications covering COVID-19 related products and services. ...more

FTC cracking down on coronavirus cons: How the agency is protecting consumers during COVID-19

As we all know – and the U.S. Food & Drug Administration (FDA) continues to emphasize – there are no scientifically proven products that treat or prevent the COVID-19 virus....more

COVID-19 Update: FDA and TTB Response to Increased Demand for Alcohol-Based Hand Sanitizer Production

As the novel coronavirus crisis continues to escalate, the demand for hygienic products such as hand sanitizer has dramatically increased. In response, many businesses, such as food and industrial and beverage alcohol...more

Influencer Snapshot: Getting a handle on social media influencers

Consumer-facing companies are increasingly utilizing social media influencers to get their advertising to targeted audiences and to learn how their products are working for real people. This innovative form of advertising is...more

Hey influencers! The FTC is talking to you - new guidance from the FTC

The Federal Trade Commission (FTC) released new guidance regarding influencer marketing. The FTC breaks down the basics of advertising disclosures for social media influencers through a series of do’s and don’t’s as to how,...more

Pirates of the Caribbean Copyright Suit Must Walk The Plank

The Central District of California recently sank a copyright infringement lawsuit against the Walt Disney Company’s Pirates of the Caribbean film franchise, finding that numerous elements of the Plaintiffs’ allegedly similar...more

Supreme Court Strikes Down Bar to Registration of “Immoral” or “Scandalous” Trademarks

Yesterday, the US Supreme Court announced its opinion in Iancu v. Brunetti, holding that the Lanham Act’s provisions barring the registration of “scandalous” or “immoral” trademarks are unconstitutional under the First...more

The A-CBDs of Registering Hemp-Related Trademarks: New Guidance from the USPTO

Brand owners seeking to register cannabis-related trademarks take note: the U.S. Patent and Trademark Office (USPTO) recently issued guidance regarding the effects of the 2018 Farm Bill on the registration of trademarks for...more

U.S. – Bankrupt brands can’t revoke trademark licenses, says SCOTUS

The U.S. Supreme Court has ruled that bankrupt trademark licensors cannot use federal bankruptcy law to rescind the rights of their trademark licensees to continue use of duly licensed trademarks....more

Copycat Flattened by Patent & Trade Dress Jury Verdict in Win for Tieks Shoes

The maker of the Tieks ballet flat Gavrieli Brands walked away with over $2.1 million when a federal jury found Soto Massini’s competing designs infringed on Tieks’ patents and trade dress....more

CBD at TTB: TTB Issues New Industry Circular on Hemp-Derived Ingredients in Alcohol Beverages

Many food and beverage companies are assessing the use of hemp-derived ingredients in their products in light of the 2018 Farm Bill provisions excluding “hemp” from the definition of marijuana under the federal Controlled...more

N.D. California Straightens Out Competitor’s Use of Infringing Hashtags: #newdevelopments in Using Trademarks as Hashtags

The Northern District of California recently released an order that sheds new light on how courts grapple with the constantly-increasing use of trademarks as hashtags....more

The Curse of Shoeless Joe Continues: TTAB Finds White Sox Fan Lacked Bona Fide Intent-To-Use

For any baseball fans already preparing to capitalize when their favorite team wins their next World Series game, you may strike out before getting up to bat at the Trademark Trial and Appeal Board (“TTAB”) in the United...more

UPDATE: Top takeaways from TTB’s proposed labeling modernization: What alcoholic beverage companies need to know

Recently, an interdisciplinary team from our IPMT and Food Regulatory practices discussed a pending proposed rulemaking from the Alcohol and Tobacco Tax and Trade Bureau (TTB), the primary federal agency that regulates...more

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