News & Analysis as of

Trademark Litigation Federal Trade Commission (FTC)

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

Keeping Up With the Trademarks: The Real IP Rights of Reality Stars

Many reality TV stars leverage their on-screen exposure to build brands of their own. While some focus on launching branded product lines (e.g. Kylie Cosmetics in beauty or Loverboy in alcoholic beverages), others, such as...more

Troutman Pepper Locke

The Top 10 Legal Risks Impacting the Value of a Consumer Product Brand

Troutman Pepper Locke on

You put in the hard work to conceive and design your product, choose a trademark, and build your customer following, but taking your product brand to the next level and attracting an equity investment based in large part on...more

Fenwick & West LLP

Ninth Circuit Upholds Significant Trademark Damages Award

Fenwick & West LLP on

In a closely monitored appeal, a panel of the U.S. Court of Appeals for the Ninth Circuit unanimously upheld a $56 million damages award against beverage company Molson Coors in Stone Brewing Co., LLC v. Molson Coors Beverage...more

McDermott Will & Schulte

[Webinar] 2024 IP Outlook: Trends Affecting Patent, Trademark, Copyright and Trade Secret Holders - December 12th, 1:00 pm - 2:00...

As 2023 draws to a close, new developments continue to emerge across the patent, trademark, copyright and trade secret spaces. Join members of McDermott’s Intellectual Property Group for a year-end review that will explore...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

Bradley Arant Boult Cummings LLP

When Does a Trademark License Turn into a Franchise?

When entering into a trademark license agreement most trademark owners do not consider the possibility that their agreement actually may be a franchise, which would subject them to specific disclosure requirements and a...more

Katten Muchin Rosenman LLP

Warby Parker Beats Back 1-800's Infringement Claims - Kattison Avenue | Issue 9

Court applies Polaroid factors to determine likelihood of confusion - In our Fall 2021 issue, we reported on the Second Circuit's decision in 1-800-Contacts, Inc. v. Federal Trade Commission, 1 F.4th 102 (2d Cir. 2021). In...more

BakerHostetler

AD-ttorneys@law - July 2022

BakerHostetler on

TINA Investigation Sours on HelloFresh - America’s #1 food-box provider is deploying dark patterns, says watchdog - See-Through? When it comes to ingredients and suppliers, HelloFresh is all about disclosure....more

Katten Muchin Rosenman LLP

Second Circuit Puts the Focus on Search-Term Restrictions in 1-800 Contacts Decision - Kattison Avenue Fall 2021 | Issue 7

Advertising on the Internet is big business. It can also be cutthroat. One way companies market their goods and services online is via “search advertising.” When an online shopper uses a search engine, the search engine’s...more

ArentFox Schiff

1-800 Contacts Can See Clearly Now: FTC Antitrust Decision Overturned

ArentFox Schiff on

The Second Circuit confirmed last month that parties settling trademark disputes have significant flexibility to avoid violating the antitrust laws. The Court overturned a Federal Trade Commission (FTC) decision finding that...more

McDermott Will & Schulte

Second Circuit Rejects FTC Challenge of 1-800 Contacts, Highlighting Procompetitive Trademark Policy

The US Court of Appeals for the Second Circuit vacated a final order of the Federal Trade Commission (FTC), which had found that agreements to refrain from bidding on keyword search terms for internet advertisements violated...more

Wilson Sonsini Goodrich & Rosati

Second Circuit Upholds Settlement Agreements Among Competitors Not to Bid on Rivals’ Names as Keywords

On June 11, 2021, the U.S. Court of Appeals for the Second Circuit dismissed the Federal Trade Commission (FTC)'s administrative order against 1-800 Contacts Inc., the nation's largest online retailer of contact lenses. The...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | August 2017

"Miracle Gel" Not a Salon Gel Manicure, Ad Board Says - In an appeal from a ruling by the National Advertising Division (NAD), the National Advertising Review Board (NARB) upheld a recommendation that Coty discontinue...more

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 09

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...more

Foley Hoag LLP - Trademark, Copyright &...

Marshmallow Justice: 10 Tales of Legal Fluff and Other Stuff

Just about one hundred years ago, Archibald Query of Somerville, Massachusetts invented the first commercial marshmallow cream, which he pedaled door-to-door in Union Square. Around 1917, he sold the recipe for $500 to two...more

Foley Hoag LLP - Trademark, Copyright &...

Harry Potter Lawsuits And Where To Find Them

On July 31, 2015, Harry Potter author J.K. Rowling celebrates her 50th birthday, according to muggle sources. The enormous success of Rowling’s literary creation and its associated multimedia empire has spawned countless...more

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