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Online Platforms Brand

Ogletree, Deakins, Nash, Smoak & Stewart,...

European Union Digital Services Act: New Regulations Apply

The European Union Digital Services Act (DSA) now applies to all digital “intermediary services” that provide users with access to online goods, services, and content. The DSA took effect on November 16, 2022, and regulates a...more

Manatt, Phelps & Phillips, LLP

Three Best Practices to Prevent Brands and Influencers from Going Offside During the Super Bowl

With the Super Bowl, brands, advertisers, influencers and die-hard fans are ready for the big game. The sheer volume of content—including popular dances, trends and music—created to promote products and services in front of...more

Goodwin

A Vital Decision on Social Media Ownership

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Social media continues to grow at an extraordinary pace. Companies regularly introduce new social media platforms to the marketplace and seek new ways to utilize such platforms to advance their businesses. At the same time,...more

Saul Ewing LLP

X Marks The Spot

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Since Elon Musk announced his decision to remove the iconic bird logo and adopt "X", as Twitter's new logo (the "X Logo"), the rebranding decision has been the talk of the town. The rollout has prompted a barrage of reactions...more

Perkins Coie

FTC Finalizes Updated Guidance for Influencer and Consumer Review Programs

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The Federal Trade Commission (FTC) recently finalized updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides), which address the FTC’s latest thinking about how the...more

Seyfarth Shaw LLP

Brand Owner Alert: New Social Media Platform Brings Opportunity and Potential Pitfalls

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The new social media platform Threads was launched on July 5, 2023. Reports indicate that within the first day of launch, more than 30 million users have signed up. The app is designed for text-based conversations instead of...more

Wilson Sonsini Goodrich & Rosati

Marketing in the Metaverse

The metaverse presents exciting new opportunities for brands to engage a new audience through interactive virtual environments and immersive experiences, including with virtual products that cross the digital divide. Many...more

BakerHostetler

The INFORM Act Passes; Combating Counterfeiting with Transparency in Online Sales

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The recent passage of the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (INFORM Act) bears significant implications for brand owners and online marketplaces. For brand owners, the...more

Smart & Biggar

[Ongoing Program] Brands in the Metaverse: Protecting Trademarks & Copyrights Online, in Digital Media, and Beyond - September...

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The Internet has developed into an essential part of virtually every business, from online sales, to software as a service, to online marketing. This has led to a corresponding rise in the type and volume of online IP risks...more

Holland & Knight LLP

Etsy Introduces New IP Reporting Portal

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Businesses regularly lose revenue because of inadequate online brand enforcement. At the same time, online marketplace consumers regularly purchase counterfeit products without ever knowing that they purchased a fake. Sales...more

Dunlap Bennett & Ludwig PLLC

Trademark Use and Trademark Infringement in Domain Names

Trademark rights and domain name ownership overlap in many ways, but they are not the same. Domain name ownership does not necessarily establish trademark rights, and trademark ownership does not necessarily give you the...more

Procopio, Cory, Hargreaves & Savitch LLP

Protecting Your Online Brand on Amazon

In today’s ever-expanding e-commerce environment, online brand protection and enforcement has become a necessary undertaking of paramount importance for brand owners in efforts to combat the illicit trade of counterfeit and...more

Smart & Biggar

Branding in the metaverse - how brand owners can find growth in the virtual realm

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Overview of the metaverse - Facebook’s recent re-branding to Meta1 has significantly increased interest in the “metaverse”. Although the concept of the metaverse is still evolving, it is generally understood to be a...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

Foster Garvey PC

Sports & Entertainment Spotlight: What the Supreme Court Ruling in Alston v. NCAA Means for the Future of College Sports

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“The NCAA is not above the law.” Those seven words capped Justice Brett Kavanaugh’s searing concurring opinion issued in connection with Monday’s (June 21) unanimous (9-0) U.S. Supreme Court ruling in Alston v. National...more

Bass, Berry & Sims PLC

Privacy Perils: Beware Brand Phishing

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We often think of phony financial institution emails as a bad actor’s phishing scheme of choice to capture confidential bank account numbers or other private financial information. While those phishing emails certainly do...more

UB Greensfelder LLP

A Brand Owner’s Guide to Leveraging Intellectual Property to Protect Social Platform and eCommerce Assets

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How much would it hurt your business to lose your Facebook or Shopify store, your Twitter handle, or your Amazon Brand registration? Today, more than ever, these secondary platforms define success or failure for an e-commerce...more

BakerHostetler

NAD Clarifies Material Connection Disclosure Requirements for TikTok Videos Gone Viral

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If you learned a new dance routine, tie-dyed clothing, made whipped coffee or took part in a “challenge” while staying safely at home during the COVID-19 pandemic, you probably have TikTok to thank. TikTok, which has more...more

Sheppard Mullin Richter & Hampton LLP

Native TikTok Tools May Create Liability for Brands and Influencers

Brands and influencers could unknowingly be violating the FTC’s endorsement rules by using TikTok to promote paid posts and sponsored content without including the necessary disclosures. TikTok offers native direct download...more

Partridge Snow & Hahn LLP

Bringing Your Business Online: Protecting Your Brand

The current COVID-19 pandemic has forced many businesses online in order to survive. In many cases, businesses had no plans to be online. Others were forced to move online more quickly than planned. In order to assist these...more

Seyfarth Shaw LLP

FTC Seeks Public Comment On Enhanced Efforts To Curb Misleading Endorsements

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The Federal Trade Commission (FTC) questions whether the impact of its enforcement efforts are truly acting as a deterrent to stop misleading online marketing. In its latest effort to tackle the growing problems arising from...more

Ballard Spahr LLP

"Retail Rap" – Analysis of Business and Legal Trends in the Industry: November 2019

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Welcome to our latest edition of Retail Rap. From influencer marketing to launching a startup and ensuring digital advertising complies with the latest regulations, retail issues are making news—and presenting legal...more

Akin Gump Strauss Hauer & Feld LLP

Top Tips for Reviewing Your Social Media Profile

Fifty-six percent of law school admissions officers say they look at an applicant’s social media profile to learn more about them, according to a survey by Kaplan Test Prep of 117 law schools. Ninety-one percent of law...more

Orrick, Herrington & Sutcliffe LLP

Platform Bans: German Competition Authority Critical Despite Coty Judgment

Since last year’s “Coty” judgment of the European Court of Justice (ECJ), it may have seemed settled that authorized dealers in a selective distribution network can be prohibited from selling products via third-party...more

Goulston & Storrs PC

Counterfeits in the Digital Marketplace

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Counterfeiting has moved beyond high-priced luxury goods to low-cost everyday items. Many of these fake products pose real dangers: face masks with arsenic; phone adapters that can electrocute you; computer chargers that fry...more

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