In a recent installment of the Brand Lawyer, we discussed the Supreme Court’s decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC, a 2023 case in which SCOTUS narrowed the scope of the “Rogers test.” For [...]
As we all know, trademarks are critically important in business, not just as assets improving value, but in the marketplace to reliably identify and distinguish goods and services, thereby protecting businesses from infringement and consumers [...]
By Eric Fram One of the core principles of trademark law is that trademarks symbolize the reputation of their owners. Courts have therefore found that “a party has no first Amendment right to piggyback off the [...]
by Lisa Dubrow Lots of action this week at the FTC relating to potential violations based on false endorsements and consumer reviews and testimonials. The FTC put more than 700 companies on notice that [...]
By Lisa Dubrow Offering lifetime subscription terms carries some true risks, starting with: what does “lifetime” mean? Since a subscription provides access to a product, and sometimes, free updates or other benefits as the [...]
In a rare unanimous opinion from the Supreme Court, the Justices on April 23rd held that proving an infringer’s willful intent to infringe is not required for obtaining the infringer’s profits resulting from the infringement. [...]
Steven M Weinberg provides guidelines on launching new products in the social media and influencer age In my nearly four decades of practice, I have been fortunate to have been involved in the launch of [...]
eHarmony recently agreed to pay up to $2.2 million to resolve allegations brought by four California counties and the city of Santa Monica over the company’s advertising and billing practices. Specifically, the company agreed to [...]
In early 2017, the US Patent and Trademark Office (USPTO) began an initiative to “audit” 10% of all maintenance filings for existing trademark registrations. If you own a federally registered trademark, maintenance filings must be [...]
By Steven Weinberg, Holmes Weinberg PC. Copyright law – the law that governs “content” and therefore all of entertainment, software and media – has become increasingly more important and more complicated than ever. Originally a [...]