News & Analysis as of

Intellectual Property Protection Trademarks Marketing

American Conference Institute (ACI)

[Event] West Coast Legal, Regulatory, and Compliance Forum on Cosmetics & Personal Care Products - October 8th - 9th, Santa...

ACI’s 3rd Annual West Coast Legal, Regulatory and Compliance Forum on Cosmetics & Personal Care Product is the must-attend event for cosmetics and personal care professionals looking to navigate the toughest legal,...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

Kohrman Jackson & Krantz LLP

TikTok on the Clock: Brands Should Begin Monitoring TikTok for Unauthorized Resellers

The ever-growing ecommerce market continues to present new opportunities for brands. But with those new opportunities comes additional challenges in preventing the unauthorized resale of products online. In the past,...more

Lerman Senter PLLC

Broadcasts, Advertising, and Promotions Related to the 2025 NCAA Basketball Championships

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The NCAA national men’s and women’s basketball tournaments will start on March 16, 2025 and conclude with the national championship games in early April. Broadcast stations often conduct promotions tied to these...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

Foster Garvey PC

Don't Get Benched: 5 Rules for a Winning Super Bowl Campaign

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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 the National...more

International Lawyers Network

Infringement of Trademark by Metatag and Keywords 

Introduction - Post-pandemic, there has been a significant rise in digital marketing worldwide. Companies are utilising platforms (“Platforms”) like Google Ads and various social media networks to connect with prospective...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

Harris Beach Murtha PLLC

Courts Agree: Keyword Advertising Doesn’t Create a Likelihood of Confusion

The Ninth and Second Circuit Courts of Appeal recently issued decisions confirming that competitive keyword advertising does not create a likelihood of confusion where the plaintiff’s trademark does not appear in the...more

Haug Partners LLP

Excited To Align With LA28? Not So Fast, Says Court

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On July 19, 2024, the United States Olympic & Paralympic Committee (“USOPC”) filed a complaint against performance sports beverage company Prime Hydration, LLC (“Prime Hydration” or “Prime”) in the United States District...more

Mayer Brown

Slogans in Brazil: BPTO to Start Registering Trademarks with Advertising Expressions

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In October, the Brazilian Patent and Trademark Office (BPTO)  announced a new interpretation regarding the registrability of advertising elements. This new approach adopts a less restrictive stance, paving the way for the...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

DLA Piper

Five Intellectual Property Considerations for Talent Partnerships

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In today’s rapidly evolving digital landscape, the intersection of technology and entertainment raises new challenges and opportunities in the realm of talent partnerships. With generative artificial intelligence’s growing...more

Knobbe Martens

Olympics Advertising – Don’t be Ambushed by Rule 40

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The Olympics are coming! Now is a good time for brand owners who are planning promotional activities related to the Olympic games, or have endorsement agreements with Olympic athletes, to review the rules and make sure they...more

Lerman Senter PLLC

Broadcasts and Promotions Related to the 2024 Summer Olympic Games

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The Summer Olympic Games will begin on July 26, 2024 in Paris, France. The International Olympic Committee (IOC) and the United States Olympic & Paralympic Committee (USOPC) carefully protect Olympic trademarks and...more

Fish & Richardson

Want to Fully Protect Your Brand? Don’t Forget the Coffee Mugs!

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Trademark owners often receive advice from counsel about registering their marks for core goods and services. And many times, that is all that budgets initially allow for....more

International Lawyers Network

New Guidance on the Subject of Comparative Advertising and Dilution of Goodwill

In 2023, the Federal Court of Canada released its decision in Energizer Brands, LLC and Energizer Canada Inc. v. Gillette Company (2023 FC 804). The decision clarifies some of the laws applicable to comparative advertising in...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

International Lawyers Network

Charter of the French Language

The Quebec Charter of the French Language (the “Charter”) was adopted nearly 50 years ago to protect the status of the French language in the province of Quebec. It includes many rules, several of them directed at the...more

Foster Garvey PC

Is Your Super Bowl Marketing Campaign Playing by the Rules? 5 Tips to Help You Avoid Getting a Penalty

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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 the National...more

International Lawyers Network

2023: The Year of the Burgers

From the Big Mac v Big Jack to the KFC v HFC – 2023 was the year of the burger. In Australia, the burger debate was first brought to our attention in 2020 following a marketing campaign by Hungry Jack’s Pty Ltd (Hungry...more

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

MarkIt to Market® - November 2023

Thank you for reading the November 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the USPTO's recently published alert reminding filers and practitioners of its Code of Conduct when...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

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