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Penn State Prevails in Retro Logo Infringement Suit

The Nittany Lions are used to winning on the football field, but last week they also snagged a decisive victory in the courtroom. On November 19, a Pennsylvania jury determined that online retailer, Vintage Brand (“Vintage”),...more

Kattison Avenue | Issue 13

Kattison Avenue examines the latest topics in advertising law affecting today's advertisers, advertising and promotions agencies, technology developers, content producers and entertainment companies....more

Warby Parker Prevails Against 1-800 Contacts in Keyword Advertising Dispute - Kattison Avenue | Issue 13

In the September 2022 issue of Kattison Avenue, we reported on a decision in the Southern District of New York dismissing claims by 1-800 Contacts, Inc. (1-800) against JAND, Inc., which does business as Warby Parker. The...more

Street Artists Allege Nonconsensual Use of Their Works by Two Major Fashion Retailers - Kattison Avenue/Katten Kattwalk | Issue 3

We continue to monitor lawsuits that lie at the intersection of street art, fashion and advertising. Previous issues of Kattison Avenue and Katten Kattwalk have covered the risks that generally come with using street art on...more

Warby Parker Beats Back 1-800's Infringement Claims - Kattison Avenue | Issue 9

Court applies Polaroid factors to determine likelihood of confusion - In our Fall 2021 issue, we reported on the Second Circuit's decision in 1-800-Contacts, Inc. v. Federal Trade Commission, 1 F.4th 102 (2d Cir. 2021). In...more

Kattison Avenue | Issue 9

Kattison Avenue examines the latest topics in advertising law affecting today's advertisers, advertising and promotions agencies, technology developers, content producers and entertainment companies. ...more

Do Not Pass 'Go': How a Board Game Decision Is Applicable to Idea Theft Disputes in the Advertising Industry - Kattison Avenue |...

At first blush, the recent lawsuit filed by a toy inventor against toy and game company, Hasbro, would seem to have little to do with the advertising industry. In fact, however, the decision by the Southern District of New...more

Case to Watch: Whose Idea Is 'Ballin?' - Kattison Avenue | Issue 8 - Spring 2022

Apropos of points made in “Do Not Pass ‘Go,’” a graphic designer filed an idea theft suit against Nike, Inc. in the US District Court for the Southern District of Texas. In the March 31 suit, the graphic designer claims Nike...more

Kattison Avenue | Issue 8 - Spring 2022

Kattison Avenue examines the latest topics in advertising law affecting today's advertisers, advertising and promotions agencies, technology developers, content producers and entertainment companies. ...more

Life in The Fast Lane: How Urban Car Ads Depicting 'Street Art' Can Backfire - Kattison Avenue/Katten Kattwalk | Issue 1

Vehicle manufactures and their ad agencies really love to show off their driving machines in action. Television commercials depict sturdy, reliable trucks hauling tons of cargo; four-wheel drive SUVs navigating perilous...more

Kattison Avenue/Katten Kattwalk | Issue 1 - Winter 2022

New York Proposes Significant Regulation for Fashion Industry: The ‘Fashion Sustainability and Social Accountability Act’ - On January 7, New York State Senator Alessandra Biaggi and Assemblywoman Anna R. Kelles introduced...more

FTC Warns Massive List of US Companies Not to Deceive Consumers With False Endorsements and Reviews

On October 13, the Federal Trade Commission (FTC) put more than 700 US companies on notice not to deceive consumers by, among other things, falsely claiming an endorsement by a third party, misrepresenting that an endorser is...more

Cautionary Tale: Commercializing ‘Street Cred' - The Katten Kattwalk | Issue 23

Over the past year, I've carefully followed the increase in litigation brought by artists against retailers — clothing brands, automotive brands, and food and beverage chains — for the alleged copying of their distinctive...more

Kattison Avenue | Issue 7 - Fall 2021

Letter From the Editor - As summer wanes and we begin a new academic year amidst ongoing uncertainty, we are reminded that the only constant is change. This issue of Kattison Avenue considers the latest changes in the...more

Second Circuit Puts the Focus on Search-Term Restrictions in 1-800 Contacts Decision - Kattison Avenue Fall 2021 | Issue 7

Advertising on the Internet is big business. It can also be cutthroat. One way companies market their goods and services online is via “search advertising.” When an online shopper uses a search engine, the search engine’s...more

The Rest of the Story: Update on Puma 'Roar Mark' Trademark Dispute - Kattison Avenue Fall 2021 | Issue 7

In our Summer 2021 issue, we reported on the trademark infringement lawsuit filed by artist Christophe Roberts against Puma North America, Inc., in which the artist claimed that the athletic retailer wrongfully made use of...more

Kattison Avenue | Issue 6 - Summer 2021

Dark Patterns Come to Light in California Data Privacy Laws - Imagine this scenario: You are navigating through a website or watching an in-app ad, when suddenly you are redirected to a subscription page, even though you...more

Kattison Avenue | Issue 5 - Spring 2021

Kattison Avenue examines the latest topics in advertising law affecting today’s advertisers, advertising and promotions agencies, technology developers, content producers and entertainment companies. ...more

Kattison Avenue | Issue 4 - Fall 2020

Kattison Avenue examines the latest topics in advertising law affecting today’s advertisers, advertising and promotions agencies, technology developers, content producers and entertainment companies. ...more

Kattison Avenue | Issue 3 - Summer 2020

Gambling With Graffiti: Using Street Art on Goods or in Advertising Comes With Significant Risks - Graffiti. Guerrilla Art. Street Art. Aerosol Art. Tagging. It appears on the sides of buildings, highway signs, boundary...more

Supreme Court Confirms Registration is Prerequisite to Claim for Infringement

On March 4, the US Supreme Court resolved a circuit split and held that, with limited statutory exceptions, the issuance of a registration from the Copyright Office is a prerequisite to filing a claim for infringement. See...more

And The Band Played On - Disputes Over Musical Group Names Were a Familiar Tune in 2013

On August 28, 2013, the founder of the classic rock band BOSTON and the owner of all of its trademarks lost a bid to prevent the band’s former lead singer from using the name BOSTON in connection with his ongoing musical...more

9/11/2013  /  Copyright , Music , Trademarks

Football & Free Speech: Third Circuit Vidgame Decision Has Broader Implications for Reality-Based Works

42, 127 Hours, Act of Valor, Argo, Dolphin Tale, Fair Game, Green Zone, I Love You Philip Morris, Moneyball, People Like Us, Sanctum, Secretariat, Soul Surfer, The Bling Ring, The Fighter, The Runaways, The Whistleblower,...more

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