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Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Jun 30

    Here, Have a BREXIT

    Here, Have a BREXIT
    The British are leaving!  The British are leaving!  Many people on all sides of “the pond” last week watched the Brits’ vote to leave the European Union with interest, and were shocked when they actually voted to…
  • Jun 29

    A Favorite New York Landmark Deemed a Famous Trademark

    A Favorite New York Landmark Deemed a Famous Trademark
    It is not easy to establish fame for purposes of showing a likelihood of dilution by blurring.  Owner of the Empire State Building marks rose to the challenge in a recent decision by the Trademark Trial and Appeal Board (“the…
  • Jun 28

    Lights, Camera…Now Take Action

    Lights, Camera…Now Take Action
    – Jason Sprenger – President, Game Changer Communications Imagine for a moment you’re back in the year 1963…the time of Mad Men, the beginning of Beatlemania, the year of the “I Have a Dream”…
Rank this Week: 99

43(B)log

43(B)log

Covers false advertising and intellectual property issues. By Professor Rebecca Tushnet.

http://tushnet.blogspot.com/
  • Jun 30

    TM/false advertising interface: "same formulation" statement w/o more infringe

    TM/false advertising interface: "same formulation" statement w/o more infringe
    De Simone v. VSL Pharmaceuticals, Inc., No. TDC-15-1356, 2016 WL 3466033 (D. Md. Jun. 20, 2016)This case sends us deep into the weeds of the distinctions between trademark and false advertising, and approves rather onerous requirements for…
  • Jun 28

    Copyright/TM question of the day, politics edition

    Copyright/TM question of the day, politics edition
    Analyze the linked Buzzfeed public service announcement about registration (warning: link will likely autoplay).http://tushnet.blogspot.com/feeds/posts/default?alt=r
  • Jun 28

    Judge McKeown on copyright, and responses (including mine)

    Judge McKeown on copyright, and responses (including mine)
    Hon. M. Margaret McKeown,  Censorship in the Guise of Authorship: Harmonizing Copyright and the First Amendment, 15 Chi.-Kent J. Intell. Prop. 1 (2016)Margaret Chon, Copyright’s Other Functions, 15 Chi.-Kent J. Intell. Prop. 364 …
Rank this Week: 199

Likelihood of Confusion

Likelihood of Confusion

Covers developments in trademark, copyright, new media and free speech. By Ron Coleman.

http://www.likelihoodofconfusion.com
  • Jun 22

    The Second Circuit’s Jaw Drops…

    The Second Circuit’s Jaw Drops…
    When a court observes that “the logos employed in Plaintiff’s and Defendant’s marks are jaw-droppingly similar—nearly identical not only in conception but also… in the great majority of the fine details of…
  • Jun 20

    He’s the genuine item, all right

    He’s the genuine item, all right
    Originally posted 2009-02-04 14:00:37. Republished by Blog Post PromoterHe’s already the most sincere, if not the swiftest, trademark counterfeiting defendant* of 2009, and though it’s only early February it may be hard to top…
  • Jun 20

    Fashionably litigiou

    Fashionably litigiou
    Originally posted 2010-05-26 12:48:33. Republished by Blog Post PromoterMiss Trials is was a new blog, or sub-blog or something (I can’t make heads or tails of the navigation) on a site called Halogen Life.  It’s was…
Rank this Week: 189

The Trademark Blog

The Trademark Blog

Covers advertising, ambush marketing, appellations of origin, branding, replacement parts, famous marks, grey goods and Madrid Protocol. By Marty Schwimmer.

http://www.schwimmerlegal.com/
  • Jun 28

    Bomhard IP on Brexit

    Bomhard IP on Brexit
    hort version: nothing to do immediately regarding existing EUTMs; might want to consider back-up UK filing for new EU TMs.
  • Jun 17

    S Ct: Text of Kirtsaeng v John Wiley on Awarding Attorney’s Fee

    S Ct: Text of Kirtsaeng v John Wiley on Awarding Attorney’s Fee
    Footnote two is a contender for funniest Supreme Court footnote this term. Justia’s Summary: Kirtsaeng bought low-cost foreign edition textbooks in Thailand and resold them to students in the U.S. In 2013 the Supreme Court held that…
  • Jun 17

    Text of 2d Cir Decision in Capitol Records v Vimeo

    Text of 2d Cir Decision in Capitol Records v Vimeo
    Justia’s summary: The Digital Millennium Copyright Act of 1998 (DMCA), 17 U.S.C. 512(c), establishes a safe harbor which gives qualifying Internet service providers protection from liability for copyright infringement when their users…
Rank this Week: 423

Fashion Counsel with Anthony V.…

Fashion Counsel with Anthony V. Lupo

Arent Fox's fashion law blog highlights critical issues for designers, retailers, and manufacturers.

http://www.fashioncounsel.com/
Rank this Week: 468

The Brand Protection Blog

The Brand Protection Blog

Reports on developments and trends in all areas of the law that impact brands, including the creation, promotion and protection of branded products and services. By Norton Rose Fulbright.

http://www.thebrandprotectionblog.com/
  • Jun 27

    U.S. Trademark Office proposes fee increase

    U.S. Trademark Office proposes fee increase
    Brand owners should be aware that the U.S. Patent and Trademark Office (USPTO) has proposed an increase of its trademark registration and filing fees. The proposed rule was published in the Federal Register, with the period for public comment…
  • Jun 24

    Brexit: Initial considerations trademark and design owner

    Brexit: Initial considerations trademark and design owner
    Yesterday, Britain voted to leave the European Union. The exit will not happen immediately. It is likely to take at least two years after the process is actually triggered for the transition to be completed. For the time being it is…
  • May 17

    Blatant Infringement? Chinese brand “Uncle Martian” mirrors “Under Armour” logo

    Blatant Infringement? Chinese brand “Uncle Martian” mirrors “Under Armour” logo
    Chinese sports manufacturer Fujian Tingfeilong Sports Goods Co. Ltd., recently launched a sports clothing and footwear brand under the name “Uncle Martian.” But for their unoriginal logo, the launch of the brand would not have…
Rank this Week: 950

Mouse Print

Mouse Print

Exposing the strings and catches in advertising fine print and analyses the legal meaning and enforceability.

http://www.mouseprint.org
  • Jun 27

    Ticketmaster Settlement Fine Print Trips Up Many

    Ticketmaster Settlement Fine Print Trips Up Many
    Last week, Ticketmaster began issuing $386 million in vouchers to some 50 million previous ticket buyers as part of a class action settlement. The company had allegedly failed to disclose all the details of the order processing and UPS fees…
  • Jun 20

    Lord & Taylor’s Missing Fine Print

    Lord & Taylor’s Missing Fine Print
    Very often the worst type of fine print disclosure is the one that is missing, despite being required to be there. That is what retailer Lord & Taylor did (or failed to do) according to the Federal Trade Commission. In early 2015, Lord…
  • Jun 13

    Thanks for Nothing #3

    Thanks for Nothing #3
    We continue our series of offers, which upon closer scrutiny, offer less than expected. Example 1: Right in the heart of downtown Boston at Faneuil Hall, McCormick and Schmick’s has a great Friday deal: At a place where fish and chips…
Rank this Week: 885

Troll Defense

Troll Defense

Tips and commentary for individuals accused of civil liability for Internet activities. By Benjamin Justus.

http://www.troll-defense.com/
  • Jun 13

    Benjamin Justus on “The Troubleshooter” 5/25/16

    Benjamin Justus on “The Troubleshooter” 5/25/16
    On May 25, attorney Benjamin Justus discussed BitTorrent cases, copyright trolls and related issues on the nationally syndicated show, “The Troubleshooter,” hosted by Tom Martino and airing from KHOW in Denver, Colorado. The…
  • Jun 12

    Microsoft Targets Does for Illicit Software Product Activation

    Microsoft Targets Does for Illicit Software Product Activation
    Over recent months, software titan Microsoft Corporation has filed a number of “Doe” lawsuits in the U.S. District Court for the Western District of Washington.  The suits allege both copyright and trademark claims against…
  • Jun 12

    “London Has Fallen” & “Queen of The Desert” Expand Troll-Style Campaigns in Colorado

    “London Has Fallen” & “Queen of The Desert” Expand Troll-Style Campaigns in Colorado
    Two notorious BitTorrent plaintiffs have expanded nationwide litigation campaigns, with suits against over 60 “Doe” defendants in the U.S. District Court of the District of Colorado. Several cases were filed by QOTD Film…
Rank this Week: 918

Ad Briefs: Covering Your Ads

Ad Briefs: Covering Your Ads

Covers legal issues affecting interactive, sports and entertainment marketing and promotions. By Sheppard Mullin Richter and Hampton LLP.

http://www.coveringyourads.com/
Rank this Week: 1037

Legal Bytes

Legal Bytes

Covers digital advertising, new media, e-commerce and the law. By Reed Smith.

http://www.legalbytes.com
  • Jan 19

    The Paradox of Illumination

    The Paradox of Illumination
    I first heard about the paradox of illumination from Lee Loevinger, an extraordinary gentleman I was privileged to know professionally.  Lee was a multi-faceted, multi-talented, thought-provoking lawyer whose sage advice and stimulating…
  • Jan 19

    The Paradox of Illumination

    The Paradox of Illumination
    I first heard about the paradox of illumination from Lee Loevinger, an extraordinary gentleman I was privileged to know professionally.  Lee was a multi-faceted, multi-talented, thought-provoking lawyer whose sage advice and stimulating…
  • Jan 14

    Curiosity

    Curiosity
    Curiosity requires a sense of inquisitiveness. Not all inquiries reflect curiosity, curiosity is inquisitive by nature. Curiosity is the desire to learn by asking questions, dissecting, examining, exploring and investigating. Curiosity is at…
Rank this Week: 802

Information Law Group

Information Law Group

Covers advertising law, privacy, information security and intellectual property.

http://www.infolawgroup.com/
  • Jun 30

    The NAD’s First Native Ad Case Since Issuance of FTC Native Ad Guide

    The NAD’s First Native Ad Case Since Issuance of FTC Native Ad Guide
    Just five months after the Federal Trade Commission (“FTC”) released its Native Ads Policy Statement, the National Advertising Division of the Better Business Bureau (“NAD”) has followed suit and issued a decision in…
  • Jun 28

    InfoLawGroup LLP Formalizes Privacy in M&A Practice

    InfoLawGroup LLP Formalizes Privacy in M&A Practice
    InfoLawGroup announces that it has formalized its Privacy in M&A practice group, which brings together its experienced attorneys to work closely with clients on the privacy and security issues that can arise when purchasing, investing in,…
  • Jun 24

    Brexit: What It Means for Global Information Manager

    Brexit: What It Means for Global Information Manager
    The British electorate has voted to leave the European Union, rejecting the pleas of all major political parties and most business, media, and legal experts across the political spectrum.  Prime Minister Cameron announced that he will…
Rank this Week: 3678

Consumer Advertising Law Blog

Consumer Advertising Law Blog

Covers consumer marketing, advertising and promotional activities. By Arnold & Porter.

http://www.consumeradvertisinglawblog.com/
Rank this Week: 4800

Advertising Law Blog

Advertising Law Blog

Provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. By Olshan Frome Wolosky LLP.

http://www.olshanlaw.com/blogs-Advertising-Law-Blog
  • Jun 28

    Professional Plaintiff Lacks Standing To Maintain TCPA Suit

    Professional Plaintiff Lacks Standing To Maintain TCPA Suit
    Pennsylvania woman had 35 cell phones to attract calls! Read More › Tags: Auto-dial, TCPA, TCPA Claim, TCPA Lawsuit, Telemarketing Call
  • Jun 26

    IP Implications of the UK Withdrawing from the EU

    IP Implications of the UK Withdrawing from the EU
    The United Kingdom voted to withdraw from the European Union; since a member state of the EU has never withdrawn from the EU before, the implications and how this will affect intellectual property rights in the UK, is uncertain.…
  • Jun 15

    Olshan Advertising Practice Recommended in The Legal 500 2016

    Olshan Advertising Practice Recommended in The Legal 500 2016
    Olshan listed in The Legal 500, a London-based directory of leading lawyers for Media, Technology & Telecom work (Advertising, Marketing & Promotions) in Tier 3 in its 2016 edition. Read More › Tags:…
Rank this Week: 2023

The Brand Protection Blog

The Brand Protection Blog

Covers developments and trends in all areas of the law that impact brands, including the creation, promotion and protection of branded products and services. By Norton Rose Fulbright.

http://www.thebrandprotectionblog.com
  • Jun 27

    U.S. Trademark Office proposes fee increase

    U.S. Trademark Office proposes fee increase
    Brand owners should be aware that the U.S. Patent and Trademark Office (USPTO) has proposed an increase of its trademark registration and filing fees. The proposed rule was published in the Federal Register, with the period for public comment…
  • Jun 24

    Brexit: Initial considerations trademark and design owner

    Brexit: Initial considerations trademark and design owner
    Yesterday, Britain voted to leave the European Union. The exit will not happen immediately. It is likely to take at least two years after the process is actually triggered for the transition to be completed. For the time being it is…
  • May 17

    Blatant Infringement? Chinese brand “Uncle Martian” mirrors “Under Armour” logo

    Blatant Infringement? Chinese brand “Uncle Martian” mirrors “Under Armour” logo
    Chinese sports manufacturer Fujian Tingfeilong Sports Goods Co. Ltd., recently launched a sports clothing and footwear brand under the name “Uncle Martian.” But for their unoriginal logo, the launch of the brand would not have…
Rank this Week: 2575

AdLaw By Request

AdLaw By Request

Covers the law and regulation of advertising and marketing. By the Reed Smith Advertising Compliance Team.

http://www.adlawbyrequest.com
  • Jun 22

    Big Leaguers: Daily Fantasy Sports Scores Major Legislative Victory in New York

    Big Leaguers: Daily Fantasy Sports Scores Major Legislative Victory in New York
    From the Stanley Cup to the NBA Championship, there were some major sports victories these last few weeks.  Championship cities celebrated with fans flooding their streets for victory parades.  But one sports victory—a win…
  • Jun 15

    Music Sampling Back in “Vogue”

    Music Sampling Back in “Vogue”
    With its decision in VMG Salsoul v. Ciccone, the Ninth Circuit Court of Appeals created a circuit split that could greatly impact copyright infringement claims based on unlicensed music sampling.  For the advertising industry, this…
  • Jun 6

    Till Death Do Us Part? How to Deal With Celebrity Publicity Rights When That Celebrity Passe

    Till Death Do Us Part? How to Deal With Celebrity Publicity Rights When That Celebrity Passe
    The tragic death of renowned recording artist Prince left many reminiscing about his meticulously crafted public image. In life, the law allowed Prince to control the commercial exploitations of his image.  At death, however, that…
Rank this Week: 3801

Adlaw By Request

Adlaw By Request

Covers legal and regulatory activities pertaining to advertising and marketing. By Reed Smith LLP.

http://www.adlawbyrequest.com/
  • Jun 22

    Big Leaguers: Daily Fantasy Sports Scores Major Legislative Victory in New York

    Big Leaguers: Daily Fantasy Sports Scores Major Legislative Victory in New York
    From the Stanley Cup to the NBA Championship, there were some major sports victories these last few weeks.  Championship cities celebrated with fans flooding their streets for victory parades.  But one sports victory—a win…
  • Jun 15

    Music Sampling Back in “Vogue”

    Music Sampling Back in “Vogue”
    With its decision in VMG Salsoul v. Ciccone, the Ninth Circuit Court of Appeals created a circuit split that could greatly impact copyright infringement claims based on unlicensed music sampling.  For the advertising industry, this…
  • Jun 6

    Till Death Do Us Part? How to Deal With Celebrity Publicity Rights When That Celebrity Passe

    Till Death Do Us Part? How to Deal With Celebrity Publicity Rights When That Celebrity Passe
    The tragic death of renowned recording artist Prince left many reminiscing about his meticulously crafted public image. In life, the law allowed Prince to control the commercial exploitations of his image.  At death, however, that…
Rank this Week: 3845

OberIPWatch

OberIPWatch

Covers IP issues of importance to clients in science, technology, healthcare, education, media and the arts. By Ober Kaler.

http://oberipwatch.com/
Rank this Week: 3008

Canadian Advertising and Marketing…

Canadian Advertising and Marketing Law

Covers Canadian advertising law. By Steve Szentesi.

http://www.canadianadvertisinglaw.com/
  • Jun 2

    Responding to Online Brand Attack

    Responding to Online Brand Attack
    Guest post by John Simpson (Shift Law) Online threats to commercial reputations are on the rise. These include “attack sites”, “gripe sites” (e.g., RipOff Report), cyber-libel via social media, domain name…
  • May 27

    Four Year Mobile Cramming Case Ends With $11 Million Bell, Trade Association Settlement

    Four Year Mobile Cramming Case Ends With $11 Million Bell, Trade Association Settlement
    Earlier today, the Competition Bureau (Bureau) announced two final settlements in its four-year year litigation against Canada’s major telecoms and the Canadian Wireless Telecommunications Association (CWTA). See: Bell customers to…
  • Apr 27

    Filing Competition Bureau & Other Regulatory Complaint

    Filing Competition Bureau & Other Regulatory Complaint
    I frequently receive inquires and calls relating to filing a competition, advertising, consumer protection or other regulatory complaint. Companies, individuals or other types of organizations may want to file a complaint relating to a…
Rank this Week: 3015

Throughout the Universe

Throughout the Universe

Offers perspectives on law for the creative business. By Dane Johnson.

http://www.issbusinesslaw.com
Rank this Week: 1959

Consumer Goods & Retail…

Consumer Goods & Retail Industry Litigation Blog

Covers litigation-related issues concerning consumer packaged goods manufacturers, retailers, advertisers, consumers and attorneys. By Kotchen & Low LLP.

http://cpg-retail-litigation.kotchen.com/
Rank this Week: 1956

Faruki, Ireland & Cox P.L.L.…

Faruki, Ireland & Cox P.L.L. Business Litigation Blog

Covers data security, intellectual property, advertising & media, and business litigation.

http://businesslitigationinfo.com
  • Nov 24

    NOVEMBER 2015 FI&C WEBSITE NEWSLETTER

    NOVEMBER 2015 FI&C WEBSITE NEWSLETTER
    *     On September 17, 2015, Jeff Ireland and Jade Smarda, obtained a temporary restraining order on behalf of a local financial services firm in a trade secrets case. *     Jeff Sharkey and…
  • Nov 20

    Be Cautious When Social Networking is All “Atwitter “at Your Workplace

    Be Cautious When Social Networking is All “Atwitter “at Your Workplace
    We use social media all the time. Make it a point during the day to notice how often you see a friend or colleague checking a Facebook update or sending a tweet (or giving you a three-star rating on the new Peeple app).  People are on…
  • Nov 16

    Cybersecurity Information Sharing Act: The Devil Lurks and the Road to His House Appears Well Paved

    Cybersecurity Information Sharing Act: The Devil Lurks and the Road to His House Appears Well Paved
    Best Laid Plans. They say the devil is in the details. One might say that is most certainly the case with the recently advanced version of the Cybersecurity Information Sharing Act (“CISA”) that recently passed the U.S. Senate by…
Rank this Week: 2655

Business Litigation Info

Business Litigation Info

Covers business litigation, intellectual property, data security, and advertising and media. By Faruki Ireland & Cox P.L.L.

http://www.businesslitigationinfo.com/
  • Nov 24

    NOVEMBER 2015 FI&C WEBSITE NEWSLETTER

    NOVEMBER 2015 FI&C WEBSITE NEWSLETTER
    *     On September 17, 2015, Jeff Ireland and Jade Smarda, obtained a temporary restraining order on behalf of a local financial services firm in a trade secrets case. *     Jeff Sharkey and…
  • Nov 20

    Be Cautious When Social Networking is All “Atwitter “at Your Workplace

    Be Cautious When Social Networking is All “Atwitter “at Your Workplace
    We use social media all the time. Make it a point during the day to notice how often you see a friend or colleague checking a Facebook update or sending a tweet (or giving you a three-star rating on the new Peeple app).  People are on…
  • Nov 16

    Cybersecurity Information Sharing Act: The Devil Lurks and the Road to His House Appears Well Paved

    Cybersecurity Information Sharing Act: The Devil Lurks and the Road to His House Appears Well Paved
    Best Laid Plans. They say the devil is in the details. One might say that is most certainly the case with the recently advanced version of the Cybersecurity Information Sharing Act (“CISA”) that recently passed the U.S. Senate by…
Rank this Week: 3011

Trade Regulation Talk

Trade Regulation Talk

Covers antitrust, consumer protection, franchising, advertising, privacy, and civil RICO law. By John W. Arden.

http://traderegulation.blogspot.com/
  • Jul 14

    Justice Department asked to investigate Amazon’s "monopolization" of book market

    Justice Department asked to investigate Amazon’s "monopolization" of book market
    This posting was written by Jeffrey May, J.D.A group of authors, and the American Booksellers Association—a trade association representing independently-owned bookstores—are asking the Department of Justice to scrutinize the…
  • Jul 7

    New Texas law says franchisors are not employers of franchisees or their employee

    New Texas law says franchisors are not employers of franchisees or their employee
    This story was written by Edward L. Puzzo, J.D.Texas has enacted legislation, effective September 1, 2015, specifying that franchisors will not be considered to be the employers of--or in a co-employment relationship with--either franchisees…
  • May 2

    Mergers Reported under HSR Act Down Slightly in FY 2012

    Mergers Reported under HSR Act Down Slightly in FY 2012
    This posting was written by Tobias J. Gillett, Contributor to Wolters Kluwer Antitrust Law Daily. The number of mergers reported under the Hart-Scott-Rodino (HSR) Premerger Notification Program between October 1, 2011 and September 30, 2012…
Rank this Week: 4807

Consumer Advocate Legal Update

Consumer Advocate Legal Update

Discusses consumer law, class action lawsuits, advertising law, business law, copyright, and other topics. By Khorrami, LLP.

https://consumeradvocatelegalupdate.wordpress.com
  • Nov 17

    Class Action Lawsuit against Gap and Banana Republic for Misleading Sales Tactic

    Class Action Lawsuit against Gap and Banana Republic for Misleading Sales Tactic
    Have you ever planned to make a purchase of an item solely because you thought it was on sale, only to find out at the cash register that the item is being sold at full-price? If so, you are not alone. Consumers in California have banned…
  • Nov 17

    Class Action Lawsuit against Gap and Banana Republic for Misleading Sales Tactic

    Class Action Lawsuit against Gap and Banana Republic for Misleading Sales Tactic
    Have you ever planned to make a purchase of an item solely because you thought it was on sale, only to find out at the cash register that the item is being sold at full-price? If so, you are not alone. Consumers in California have banned…
  • Nov 17

    Tylenol Liver Failure Lawsuit

    Tylenol Liver Failure Lawsuit
    Tylenol, the #1 doctor recommended brand of pain relief and a name trusted by Americans for years to treat aches and reduce fevers, has been linked to liver failure. A Tylenol liver failure lawsuit has been filed against Johnson &…
Rank this Week: 2709

AdMark Buzz

AdMark Buzz

Covers trademark, copyright, advertising, infringement and intellectual property law. By Locke Lord.

http://www.lockelordadmark.blogspot.com/
Rank this Week: 3489