Cuando la marca viaja en turista y sin registro
Is My Guitar Pedal a Klone or a Counterfeit? — No Infringement Intended Podcast
Employment Law Now VIII-150 - The FTC Noncompete Rule is Dead: What Now?
Balch’s Decision Dive: Texas Trial Court Struck Down the FTC’s Noncompete Rule
5 Key Takeaways | Recent Developments in United States Trademark and Unfair Competition Law
The FTC Issued a New Rule to Ban All New Noncompete Agreements
3 Key Takeaways | New York State Bar Association IP Section Annual Meeting
Trade Secret Two-Step: Part 2
Trade Secret Two-Step: Part 1
PODCAST: Williams Mullen's Trending Now: An IP Podcast - False and Misleading Advertising, Label Review
JONES DAY TALKS®: 75 Years of the Lanham Act and Changes in U.S. Trademark Law
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
Charlotte Tilbury is responding to the growing trend of beauty copycats, or dupes, with a sharp focus on marketing. Last month, cosmetics and beauty brand e.l.f. avoided liability for duping competitor Benefit’s Roller...more
Last year, T-Mobile ran a commercial in which Snoop Dogg breaks down Patrick Mahomes’ “top three plays of the day” with additional commentary from influencer Kai Cenat. Mahomes scrambles into a T-Mobile store with a “little...more
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
On Dec. 11, 2024, the OIG issued a Special Fraud Alert (Alert) related to certain fraud and abuse risks associated with marketing arrangements between Medicare Advantage Organizations (MAOs) and health care professionals...more
Teslas are everywhere these days, including for a while longer at the courthouse defending a class action lawsuit that will proceed for now. Plaintiffs' allegations that Tesla misled consumers about the self-driving features...more
The start of the new year is a pivotal time in the retail sector for re-evaluating marketing and brand protection. Unfortunately, competitors often devise innovative ways to capitalize on the marketing and sales efforts of...more
The holiday season is a pivotal time in the retail sector in both in-store and online forms, presenting retailers with key opportunities to boost revenue. As consumers shop year-end sales, competitors continuously find...more
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
“Blessing Loom” Scheme Unravels in FTC Settlement - Esoteric trappings can’t save pyramid-scheme-by-another-name - Neolawgism - By certain ironclad laws of demography, we aren’t allowed to add terms to the...more
Will Coppertone Get Burned for Its Labels? Consumer class action alleges sunscreens are all the same - It’s Not Much, But It’s Something - Through the years, Coppertone - the sun protection products brand owned...more
Social media platforms have gained considerable importance in the field of online marketing in recent years and caused controversial legal questions. The German Federal Court of Justice (BGH) recently dealt with these in a...more
Social-Media-Plattformen haben in den vergangenen Jahren auf dem Gebiet des Online-Marketings erheblich an Bedeutung gewonnen und für umstrittene Rechtsfragen gesorgt. Der BGH griff diese zuletzt in einer Reihe von...more
In a move that could prove beneficial for both brands and consumers alike, Amazon recently filed a lawsuit against two fake-review brokers, AppSally and Rebatest. These companies connect consumers with third-party sellers to...more
As noted in this press release issued earlier this week, the Federal Trade Commission (“FTC”) has sent a Notice of Penalty Offenses to over 700 companies, in which the FTC cites a handful of past cases it has successfully...more
Due to diverging case law by the courts of instance, there has been considerable legal uncertainty with regard to influencer-marketing in Germany. The obligation of influencers to label certain posts as advertising has not...more
In a recent decision, the Ninth Circuit Court of Appeals found that an Australian cosmetic company is subject to the personal jurisdiction of a federal district court in California despite having no traditional “minimum...more
On June 11, 2021, the Appellate Division of the Superior Court of New Jersey affirmed a lower court decision favoring SmileDirectClub (SDC) in a case involving the New Jersey corporate practice of dentistry (CPOD) statute....more
Shining a metaphorical light on claims about solar panels, the office of New Jersey State Attorney General Gurbir S. Grewal has entered into a consent order compelling a company accused of deceptive advertising its solar...more
A well-known German influencer has to mark her posts on Instagram as advertising if she uses so-called “tap tags” to link her posts with the Instagram profiles of other brands. This was recently decided by the Higher District...more
At the end of 2019, Coty Inc. (“Coty”) expanded its brand portfolio by closing a notable $600 million deal for a majority stake in reality star Kylie Jenner’s young cosmetics company, King Kylie LLC (d/b/a Kylie Cosmetics)....more
Claims like “the original” or “the real”, suggesting a certain stance of a product are classics of advertising speech. In a recently published decision in case 13 U 77/18, the Higher Regional Court of Celle (“the Court”)...more
The U.S. Department of Justice and the State of Michigan recently initiated a civil antitrust action to enjoin certain marketing agreements between four south-central Michigan hospital systems alleging that the agreements...more
Addressing the question of when a professional name can be protected as a trademark, the U.S. Court of Appeals for the Eleventh Circuit found that the plaintiff doctor’s name had not acquired that distinction. Tartell, M.D....more
In a time when the “disruptive” label is far from viewed as pejorative and, in fact, deemed essential for many new business models, existing market participants looking to fight back are turning to powerful federal and state...more