On February 26, 2025, Arkansas Attorney General Tim Griffin filed a lawsuit against General Motors and its subsidiary OnStar (collectively, "GM"), alleging deceptive business practices related to the collection and sale of...more
3/27/2025
/ Consent ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Collection ,
Data Privacy ,
Enforcement Actions ,
New Legislation ,
Popular ,
State Attorneys General ,
State Privacy Laws ,
Unfair or Deceptive Trade Practices
Nearly two years after announcing its plan to explore a new rule to address the deceptive and unfair use of consumer reviews, the Federal Trade Commission ("FTC") issued the final rule on the use of consumer reviews and...more
The Supreme Court ruled yesterday that the Lanham Act infringement and unfair competition provisions "are not extraterritorial and that they extend only to claims where the claimed infringing use in commerce is domestic." In...more
7/3/2023
/ Abitron Austria GmbH v Hetronic International Inc ,
Extraterritoriality Rules ,
Foreign Jurisdictions ,
Foreign Sales ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trademark Protection ,
Lanham Act ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Use in Commerce
The Supreme Court issued a unanimous decision on June 8 in Jack Daniel's Properties v. VIP Products LLC, __ US __ (2023), a victory for Jack Daniel's in a battle over whether a dog toy infringed and diluted Jack Daniel's...more
6/22/2023
/ Fair Use ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Likelihood of Confusion ,
Parody ,
Rogers Test ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
The Supreme Court heard oral arguments on Wednesday in Jack Daniel's Properties v. VIP Products LLC, __ U.S. __ (2023) a case that could transform the way courts evaluate the balance of trademark rights with constitutional...more
On March 21, 2023, the Supreme Court heard oral arguments on whether federal trademark law applies to trademark infringement occurring outside the United States. The case that has brought this issue to the court is Abitron...more
The consumer and retail industry has experienced a rapid growth in the use of new technologies, as both online businesses and brick-and-mortar sellers converge into multi-channel players and compete for customers and for...more
3/21/2023
/ Artificial Intelligence ,
Buyers ,
Consumers ,
Cybersecurity ,
Global Market ,
Internet Retailers ,
Investment ,
Offerings ,
Online Marketplace ,
Popular ,
Retail Market ,
Sellers ,
Technology Sector
A nine-person jury in the Southern District of New York has found that "MetaBirkin" NFTs violate Hermès International SA's rights in its "Birkin" trademarks. This is the first trial to consider the intersection of NFTs and...more
2/13/2023
/ Artistic Works ,
Blockchain ,
Cryptocurrency ,
Digital Assets ,
First Amendment ,
Freedom of Expression ,
Intellectual Property Protection ,
Metaverse ,
Non-Fungible Tokens (NFTs) ,
Royalties ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks