News & Analysis as of

Enforcement Brand

Knobbe Martens

Of Broccolini and Branding: Don't Let Your Trademark Wilt

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Congratulations on successfully trademarking your product or brand! Now it’s crucial to protect that investment through diligent trademark oversight and enforcement. This involves actively monitoring for, and taking...more

Fenwick & West LLP

5 Brand Protection Tips for New Technology Companies

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When it comes to IP enforcement, companies on the cutting edge of technology often find themselves in a catch-22 situation. On the one hand, there’s more need for enforcement than ever as new technologies create new...more

Procopio, Cory, Hargreaves & Savitch LLP

Global Brand Protection and Anticounterfeiting

Smart product manufacturers invest in protecting their intellectual property rights. Preventing and addressing counterfeit and infringing products on an ongoing basis should be prioritized as a core function of their...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2023

Thank you for reading the October 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the Federal Circuit’s recent case considering the scope of the USPTO’s authority to cancel registrations...more

Kohrman Jackson & Krantz LLP

Overcoming the First Sale Doctrine: Material Differences

Unauthorized Sellers are a growing and ubiquitous problem for brands selling their goods on eCommerce marketplaces, such as Amazon, eBay, and Walmart. Unauthorized resellers sell products without the brand’s authorization or...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2023: INFORM ACT: What Brands Need to Know

In today’s digital world, online marketplaces have become hotspots for organized crime, particularly relating to the sale of stolen and counterfeit goods by third-party sellers. These fraudulent sales mislead consumers, cost...more

Perkins Coie

Sustainability Advertising: US and EU Regulators Boost Guidance and Enforcement

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Brands continue to promote sustainable and eco-friendly qualities of their products and services, and regulators are sharpening their enforcement tools in response. Both the United States and European Union took steps in the...more

BakerHostetler

Watch Out for Common Law Users in Online Enforcement

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Many consumer product brands seek to enroll in online enforcement programs, for example, Amazon Brand Registry and eBay VeRO. These consumer product brands often experience online infringement and counterfeiting issues, so...more

Dechert LLP

Trademark Protection and Protected Speech In and Out of the Metaverse

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The line between free speech and brand protection remains blurry after a February jury verdict in the NFT case of Hermès Int’l. v. Rothschild and the recent Supreme Court oral arguments in Jack Daniel’s Properties, Inc. v....more

Holland & Knight LLP

FTC Set to Update Endorsement Guides on Social Media Advertising

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The Federal Trade Commission (FTC) is poised to issue updated Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Guides) following a comment period on the proposed changes. This Holland & Knight...more

Faegre Drinker Biddle & Reath LLP

Beyond whack-a-mole: Maximizing the impact of your internet monitoring program

E-commerce was already booming when the pandemic struck, and now it feels ubiquitous. Consumers spent $861.12 billion online with U.S. retailers in 2020, up 44.0% from $598.02 billion in 2019, representing 21.3% of total...more

Gibney Anthony & Flaherty, LLP

What Will Post Pandemic IP Enforcement Look Like?

As we are on the cusp of gaining some control over the pandemic and regaining a focus on the new normal, it seems to be an opportune time to think about what the post-pandemic world of IP enforcement will look like. While...more

Perkins Coie

Brand Sustainability: Practical Considerations for Creating IP Enforcement Programs

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This summer, we have provided information on supply chain and forced labor risks, proper substantiation of green advertising claims, alternative corporate forms to promote sustainability efforts, understanding a public...more

Perkins Coie

Sustainability in Advertising Law

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Brands continue to build their sustainability and environmental marketing programs in response to consumer demand. A recent report found that nearly eight out of ten consumers are making sustainability-based purchase choices....more

Nexsen Pruet, PLLC

Brand Standards Are for Everyone

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Now more than ever, it is important to understand brand standards: why they are set; how they affect franchisors, franchisees, and customers; and what the boundaries of brand enforcement policies should be....more

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