News & Analysis as of November 17, 2024

Retail Market

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A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +

A Dive Into Intellectual Property Liability for E-Commerce Platforms

Robins Kaplan LLP on 7/8/2024

Online shopping has become increasingly popular in recent years. E-commerce sales surpassed $6.5 trillion in 2023 and are expected to total over $8.1 trillion by 2026. Convenience of product variety and online competition...more

Meta Bags: NFT Complications and Considerations for Traditional Brand Owners

Stinson LLP on 9/26/2022

In yet another example of the law trying to keep up with technology, the U.S. District Court for the Southern District of New York issued a decision in Hermès International, et al. v. Mason Rothschild that examines...more

Sustainability Trends and IP Issues for Fashion Brands

Perkins Coie on 8/8/2022

The fashion industry is one of the most polluting industries in the world and is responsible for roughly 10% of global greenhouse gas emissions. There are many contributing factors to this problem, including pollution from...more

A Trademark Guide to the Metaverse for Averse Brand Owners

Quarles & Brady LLP on 7/12/2022

Introduction - Recent technological developments have made topics like the metaverse, Web3, blockchain, and non-fungible tokens (NFTs) commonplace. But nothing about these topics is common....more

As NFTs Blur the Line Between “Receipt” and “Product”, Trademarks Owners Fight Over New Virtual Markets

Proskauer - Blockchain and the Law on 4/12/2022

Last month, our post about art NFTs and the DMCA highlighted the distinction between non-fungible tokens and the copyrighted works they represent. In the context of copyright, this dichotomy is generally uncontroversial: In...more

Total Brand Care: The benefits of a holistic approach to creating, commercializing, and protecting company brands

Hogan Lovells on 4/25/2018

24 April 2018 At Hogan Lovells, we understand that brands are the heart of a company’s value, reputation, and competitive advantage. Total Brand Care is our holistic approach to creating, commercializing, and protecting our...more

Landlords beware: Your trademark infringing tenant is your problem too

Shutts & Bowen LLP on 6/28/2017

If a landlord learns that trademark infringement is occurring on its premises by one of its tenants and fails to stop further violations, the landlord may be held responsible by the trademark holder for damages relating to...more

Half Baked: The Brave New World of Branding Weed

Lewitt Hackman on 11/15/2016

In last week’s election, California voters passed Prop 64, which means recreational marijuana can be sold and used by persons over 21 within the state. But don’t get excited about the gold rush just yet. Recreational...more

Retailers: Embrace Virtual Reality Now (But Also Be Careful)!

Goulston & Storrs PC on 10/6/2016

We’ve previously addressed the hype that it is only a matter of time until brick and mortar retail succumbs to its online competitors. While we concluded that brick and mortal retail is not in danger of immediate extinction,...more

Craft Brewers Scrap Over Catchy Names

Lewitt Hackman on 8/2/2016

The craft-beer industry is running low on names. There are more than 4,600 craft breweries in the U.S. – California leading the nation with over 500, according to the Brewer’s Association....more

The Implications of Trademark Infringement Decisions: Aw “Chucks”

Goulston & Storrs PC on 7/21/2016

There is a growing population of fashionistas and #sneakerheads skyrocketing the sales of fashion retailers and traditional sneaker companies, such as @Nike and @Converse. Forbes contends that sneakerheads represent...more

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