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For In-House Counsel: 12 Questions to Ask When the Business Team Wants to Launch a Sweepstakes or Contest (Tomorrow)

We’ve seen this scenario (one too) many times before: the business/marketing team comes to the in-house legal team and wants to run a sweepstakes or contest to promote a brand or a new product line. Surprise! They are hoping...more

Recap: 2023 ANA Annual Advertising and Marketing Law Conference

If artificial intelligence is so great, why can’t it reliably predict the weather? The weekend has just closed on another very rainy Floridian ANA Masters of Advertising Law Conference (Last year we had a hurricane, so...more

The FTC’s Updated Endorsement Guides: Do They Say More Than We Already Know?

On June 29, the Federal Trade Commission (FTC) published its updated Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Guides”), together with an FAQ document, FTC’s Endorsement Guides: What People...more

The Prior Registration Puzzle: Overcoming Registration Refusals Based on Intervening Third-Party Marks

It’s a frustrating situation, to be sure, but fortunately you’re not without options. One of those options is arguing to the Trademark Office that your client’s Anchor Registration should entitle it to registration of its...more

NFT Infringement: No Free Taking or New Fair Transformations?

Earlier this month sports apparel giant Nike sued StockX LLC, a Michigan-based sneaker and streetwear resale marketplace, for offering to its customers non-fungible tokens (NFTs) depicting Nike’s sneakers. The claims...more

Someone Else’s Trademark in Your Way? Just Buy It.

Sometimes the quickest way out of something is straight through it. This advice holds true in life, and in trademarks. Those who deal with trademarks are familiar with obstacles to registration based on similar...more

Brandemic: How COVID-19 May Change the Who, What, and How of Your Company’s Brand Identity

The global COVID-19 crisis has created dynamic shifts in how businesses source and sell goods and services. Whether those shifts are temporary or will solidify into more permanent structures ushering in a “new normal” era of...more

BIG TRUSS: A Playoff Story of Opportunism at the Trademark Office

As a trademark attorney, devoted Baltimore Ravens fan, and furtive TMZ reader, I couldn’t help but notice this story authored recently, describing how Mark Ingram’s aspirations of registering BIG TRUSS in the US Trademark...more

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