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Brand Marketing Trademarks

Dorsey & Whitney LLP

Spotlight or Lawsuit? Strategic Brand Use in Film and Media

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When The White Lotus returned to HBO for its third season, it came with the usual dose of dramatic tension, along with one unexpected intellectual property wrinkle. [WARNING – Potential Plot Spoiler Ahead!] In a particularly...more

Jaburg Wilk

What Is a Trademark? Understanding the Basics

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A trademark is a word, phrase, symbol, or design—or a combination of these—that identifies and distinguishes the source of goods or services of one party from those of others. Essentially, a trademark is your brand’s identity...more

Farella Braun + Martel LLP

Mad Max or a Brand Warrior: HBO's Experience In the Branding Thunderdome

After a two-year experiment under the MAX trademark, Warner Bros. Discovery is restoring HBO MAX as the brand for its flagship streaming platform. With so many name changes in recent years, it might seem like branding...more

Seyfarth Shaw LLP

We’re Definitely Watching: Viral Women’s Sports Phrase Gets Trademark Registration

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As my colleague Puya Partow-Navid recently wrote, popular or viral phrases in the sports world are often the subjects of trademark registrations. Women’s sports are no exception. 2024 was a banner year for women’s sports,...more

Offit Kurman

Branding the Produce Aisle: Appealing to Consumer Tastes

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Brands are taking over the produce aisle at the grocery store. They have already conquered the cereal aisle, the soda aisle, the chips aisle, and the cookie aisle (my favorite). While there have always been produce brands...more

McGlinchey Stafford

Five Things Celebrity Athletes and Musicians Should Consider When Entering into Cannabis Branding Agreements

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What do Megan Rapinoe, Kevin Durant, Shawn Kemp, Calvin Johnson, Willie Nelson, Wiz Kalifa, Margo Price, and Sublime all have in common? They all have created their own boutique cannabis brands. As cannabis has become more...more

Smart & Biggar

[Webinar] Impact of Bill 96 on product trademarks: insights from new regulation, OQLF’s guidelines and discussions with the OQLF -...

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Join us for an insightful webinar on how to address the French Charter requirements for trademarks appearing on products, considering the recently issued Quebec regulation and the OQLF's new guidelines. Over this 60-minute...more

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

Partridge Snow & Hahn LLP

Choosing a Strong Trademark: The Foundation for Creating a Distinctive Brand

A “trademark” is any word, phrase, logo or design that identifies the source of goods or services. Trademarks are used to distinguish one’s products and services from those of another. The strength of a trademark depends on...more

Lippes Mathias LLP

Do Intentions Matter?: New Intellectual Property Perils in the Digital Age

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If you’re an artist, creative person, or content creator (and who isn’t these days?), or you work on the creative side of brand marketing, you probably have some pre-existing assumptions about whether and when you can use...more

Foley & Lardner LLP

The Barbie Movie: The Power of Brand Placement and Partnerships

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As highly anticipated, the new Barbie movie was the biggest hit this summer. Audiences were not only drawn to the empowering storyline and diverse characters, but as attorneys, we were also excited to see the incorporation of...more

Sheppard Mullin Richter & Hampton LLP

Guarding the Name of the Game: The Role of Lawyers in Safeguarding Athlete Trademarks

In recent years, the surge in athlete trademarks has marked a strategic shift in how sports personalities approach their personal brands. Having recognized their inherent commercial value, athletes today are viewed as...more

Fenwick & West LLP

Protecting Brands in the Age of AI

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The rapid adoption of generative artificial intelligence (AI) presents both unique opportunities and challenges for trademark and brand owners. By harnessing AI’s potential, businesses can accelerate the branding process by...more

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

MarkIt to Market® - October 2023: A Great Trademark Portfolio Never Goes Out of “Style” – “Mastermind” Brand Protection Strategies...

October seems to be the inescapable Taylor Swift’s unofficial month of choice – 17 years after she released her self-titled first album in October 2006, the October 2023 news cycle is buzzing about her “Taylor Swift: The Eras...more

BakerHostetler

AD-ttorneys@law - October 2023

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Ex-Reality Star Sues To Protect His Likeness Against AI - ‘Big Brother’ runner-up’s fame may be in doubt, but his case has legs - New Contender - Let’s turn our attention to Kyland Young v. NeoCortext, Inc., an...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

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

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

MarkIt to Market® - July 2023

Thank you for reading the July 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we continue our three-part series that closely examines ways to lose trademark rights with a discussion of genericide. We...more

Smart & Biggar

Federal Court’s decision in Energizer Brands, LLC v Gillette Company narrows test for depreciation of goodwill in comparative...

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Last week, the Federal Court of Canada issued its long-awaited decision in Energizer Brands, LLC v Gillette Company, 2023 FC 804. The case is noteworthy because it is a “comparative advertising” case, and one of only a few...more

Davis Wright Tremaine LLP

Where's the Whisky? A Cautionary Tale for Brand Extensions

Employing a brand extension strategy can be a powerful way to leverage an existing brand and its consumer reputation to promote a new product, flavor, or product variation. However, it can also mislead consumers and result in...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

Clark Hill PLC

Brand Protection and Strategy for Food and Beverage Companies

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Post-pandemic, food and beverage companies must now navigate a recessionary environment and runaway inflation. Thus, building, maintaining, and enforcing strong brands are more important than ever if a company is to maintain...more

Faegre Drinker Biddle & Reath LLP

Branding Success: How to Select a Strong Trademark

We all know a picture is worth a thousand words, but did you know a trademark can be worth BILLIONS of dollars? In fact, some of the top trademarks in the world are worth hundreds of billions. What’s the secret to this...more

Venable LLP

Branding the Future: Advertising Law, the Metaverse, and NFTs - Part 2

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​​​​​​​In Part 1 of our two-part series about advertising in the metaverse, we summarized its history, discussed its broad implications, and analyzed the attention regulators are giving to false advertising in this area. In...more

Foster Garvey PC

Planning a Super Bowl- or Olympics-Themed Marketing Campaign? Quick Tips for Staying in Bounds and Avoiding Disqualification

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Super Bowl - With the Super Bowl coming up, it is important for brands looking to capitalize on football-themed promotions to remember that the terms “Super Bowl” and “Super Sunday” are registered trademarks guarded by...more

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