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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
  • Mar 27

    SCOTUS’ Tale of Two Trademarks: How a Happy Ending to IP Litigation Often Depends on Early Strategy Before USPTO

    SCOTUS’ Tale of Two Trademarks: How a Happy Ending to IP Litigation Often Depends on Early Strategy Before USPTO
    On March 24, 2015, the U.S. Supreme Court issued two decisions: Omnicare, Inc. v. Laborers Dist. Council Constr. Industry Pension Fund, No. 13-435and, less the media darling, B&B Hardware, Inc. v. Hargis Industries, Inc., No. 13-352.…
  • Mar 24

    Reviewing the Rules of the Road following Uber’s 2015 Data Breach Response

    Reviewing the Rules of the Road following Uber’s 2015 Data Breach Response
    When I was sixteen, the rule was that I could not drive a car until I knew how to change a tire. My dad always reminded me that it is dangerous just to drive, but not knowing how you plan to fix a flat could cause you a lot of unnecessary…
  • Mar 22

    OHIO SUPREME COURT FINDS THAT OUTBOUND 911 CALLS

    OHIO SUPREME COURT FINDS THAT OUTBOUND 911 CALLS
    On March 19, 2015, the Ohio Supreme Court issued its decision in The Cincinnati Enquirer v. Sage, et al., 2015-Ohio-974. The Court affirmed, in part, the Twelfth District Court of Appeals’ decision that a recording of an outgoing call…
Rank this Week: 3325

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/
  • Mar 27

    SCOTUS’ Tale of Two Trademarks: How a Happy Ending to IP Litigation Often Depends on Early Strategy Before USPTO

    SCOTUS’ Tale of Two Trademarks: How a Happy Ending to IP Litigation Often Depends on Early Strategy Before USPTO
    On March 24, 2015, the U.S. Supreme Court issued two decisions: Omnicare, Inc. v. Laborers Dist. Council Constr. Industry Pension Fund, No. 13-435and, less the media darling, B&B Hardware, Inc. v. Hargis Industries, Inc., No. 13-352.…
  • Mar 24

    Reviewing the Rules of the Road following Uber’s 2015 Data Breach Response

    Reviewing the Rules of the Road following Uber’s 2015 Data Breach Response
    When I was sixteen, the rule was that I could not drive a car until I knew how to change a tire. My dad always reminded me that it is dangerous just to drive, but not knowing how you plan to fix a flat could cause you a lot of unnecessary…
  • Mar 22

    OHIO SUPREME COURT FINDS THAT OUTBOUND 911 CALLS

    OHIO SUPREME COURT FINDS THAT OUTBOUND 911 CALLS
    On March 19, 2015, the Ohio Supreme Court issued its decision in The Cincinnati Enquirer v. Sage, et al., 2015-Ohio-974. The Court affirmed, in part, the Twelfth District Court of Appeals’ decision that a recording of an outgoing call…
Rank this Week: 2011

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Mar 27

    A Disclaimer for Disclaimers at the USPTO

    A Disclaimer for Disclaimers at the USPTO
    You know that feeling when you’ve nearly crossed the finish line? You have done the work, put in the time, and the only step left is to run through the tape. There can be similar moments with trademark applications, too. Admittedly, it…
  • Mar 26

    Blurred Right

    Blurred Right
    You may, like me and hundreds of others, have had the “Blurred Lines” verses: “I know you want it, You’re a good girl, You’re far from plastic, Talk about getting blasted, I hate these blurred lines,” stuck…
  • Mar 25

    Is the TTAB falling?

    Is the TTAB falling?
    A commonly used forum to resolve trademark registration issues, which also commonly resulted in negotiated settlements over the use of mark, may no longer be so common. Today, the United States Supreme Court issued its heavily anticipated…
Rank this Week: 42

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
  • Mar 27

    Threat to Groundless Threats: UK Government in favour of reform

    Threat to Groundless Threats: UK Government in favour of reform
    On 26 February 2015, the UK Government published its response to the Law Commission’s proposed reforms to the groundless threats of intellectual property right infringement provisions by largely accepting the Law Commission’s…
  • Mar 24

    Supreme Court holds TTAB decisions can have preclusive effect in subsequent infringement action

    Supreme Court holds TTAB decisions can have preclusive effect in subsequent infringement action
    Earlier today, the U.S. Supreme Court issued a landmark trademark decision holding that TTAB rulings on likelihood of confusion can have preclusive effect in subsequent federal court infringement actions. B&B Hardware, Inc. v. Hargis…
  • Mar 23

    Ninth Circuit rejects preemption defense for “No Trans Fat Label Claims”

    Ninth Circuit rejects preemption defense for “No Trans Fat Label Claims”
    On March 13, 2015, the Ninth Circuit held that the federal Food Drug & Cosmetics Act (“FDCA”) does not preempt state law causes of action for false advertising based on “No Trans Fat” claims appearing on the…
Rank this Week: 2961

Likelihood of Confusion

Likelihood of Confusion

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

http://www.likelihoodofconfusion.com
  • Mar 26

    Functionality in trademark and patent law

    Functionality in trademark and patent law
    What with all the hoopla over controversial and headline-making cases, it’s tempting sometimes to forget about the need to drill and to stay up to date on the everyday craft of trademark law.  So when John Welch sees fit to…
  • Mar 24

    B&B Hardware: Beyond Nuts and Bolt

    B&B Hardware: Beyond Nuts and Bolt
    I’d promised I’d wait on this, but I couldn’t, and you’ll see why.  Here’s my take on today’s Supreme Court decision in B&B Hardware v. Hargis Industries Inc., which — notwithstanding my…
  • Mar 24

    Linked for eternity

    Linked for eternity
    According to a 2014 study conducted at Harvard Law School, more than 70% of the URLs within the Harvard Law Review and other journals, and 50% of the URLs within United States Supreme Court opinions, do not link to the originally cited…
Rank this Week: 62

43(B)log

43(B)log

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

http://tushnet.blogspot.com/
  • Mar 26

    Fair use quote of the day

    Fair use quote of the day
    Rigsby v. Erie Ins. Co., No. 14-cv-905 (W.D. Wis. Mar. 16, 2015): “It is difficult to imagine how it could not be fair use for an insurer to copy or distribute a photograph for the purpose of evaluating an insured’s…
  • Mar 26

    The cartoonist has no idea how fair use work

    The cartoonist has no idea how fair use work
    Story here.http://tushnet.blogspot.com/feeds/posts/default?alt=r
  • Mar 26

    Reading list: Campbell at 21/Sony at 31

    Reading list: Campbell at 21/Sony at 31
    Jessica Litman, Campbell at 21/Sony at 31. As you'd expect, insightful and a pleasure to read. Extracts: When copyright lawyers gather to discuss fair use these days, the most common refrain is its alarming expansion. This distress about…
Rank this Week: 34

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/
  • Mar 25

    Mary Kay Takes Aim at ‘Fraudulent Couponing Scheme’

    Mary Kay Takes Aim at ‘Fraudulent Couponing Scheme’
    The international skin care and cosmetics company Mary Kay is hitting back against what it is calling a “fraudulent couponing scheme” operated by the online digital coupon marketplace, RetailMeNot. Earlier this month, Mary Kay…
  • Mar 24

    When the Music Stops: NY Court of Appeals Limits Meaning of ‘Affiliate’

    When the Music Stops: NY Court of Appeals Limits Meaning of ‘Affiliate’
    The New York Court of Appeals recently held in Ellington v. EMI Music, Inc. that the term “affiliates” in a copyright renewal agreement referred only to affiliates existing at the time of contract execution, reasoning that the…
  • Mar 18

    Fashion Counsel Executive Series: DVF President and Anthony Lupo Discuss What's Next for the Brand

    Fashion Counsel Executive Series: DVF President and Anthony Lupo Discuss What's Next for the Brand
    Diane von Furstenberg’s commitment to empowering women is integral to the brand’s DNA. When Diane was interviewed by Steven Colbert last fall, “[he] asked her what she would make for women to wear to work everyday, her…
Rank this Week: 1521

Mouse Print

Mouse Print

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

http://www.mouseprint.org
  • Mar 23

    Products Get Downsized in Canada Too

    Products Get Downsized in Canada Too
      MrConsumer was invited to Canada a couple of weeks ago to talk about product downsizing on CBC’s national consumer TV show called Marketplace. Surprisingly, or maybe not, many of the categories of products that have been…
  • Mar 16

    FTC Sues DirecTV Over Misleading Ad

    FTC Sues DirecTV Over Misleading Ad
     Last week, the FTC sued DirecTV for deceptive advertising practices for their digital satellite television services. In particular, the FTC said that their advertising didn’t make clear a number of key facts: 1. That the low…
  • Mar 9

    McAfee’s Rebate with Built-in Costly Time Bomb

    McAfee’s Rebate with Built-in Costly Time Bomb
      Tiger Direct recently advertised an amazing giveaway: a PNY 128 gig USB 3.0 thumb drive and McAfee Multi Access free after rebate. A supposed $149 value for free!? How can they do this? The secret is in the rebate offer. *MOUSE PRINT:…
Rank this Week: 1129

Information Law Group

Information Law Group

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

http://www.infolawgroup.com/
  • Mar 20

    Andrew Hoffman Quoted in Law360 regarding the Target Data Breach

    Andrew Hoffman Quoted in Law360 regarding the Target Data Breach
    Andrew Hoffman was quoted in a Law360 article on March 19, 2015, regarding the settlement of the Target consumer data breach litigation. His comments addressed the reasonableness of the settlement and the size of the settlement fund in…
  • Mar 20

    Andrew Hoffman Quoted in Law360 Regarding Target Data Breach Litigation

    Andrew Hoffman Quoted in Law360 Regarding Target Data Breach Litigation
    Andrew Hoffman was quoted in a Law360 article on March 19, 2015, regarding the settlement of the Target consumer data breach litigation. His comments addressed the reasonableness of the settlement and the size of the settlement fund in…
  • Mar 2

    BBB Code of Advertising Update: Examining the Change

    BBB Code of Advertising Update: Examining the Change
    As noted in our earlier post, the Better Business Bureau recently updated its Code of Advertising for the first time since 1985.  There are many changes throughout the Code, from major substantive additions to minor revisions to…
Rank this Week: 2438

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
Rank this Week: 2701

Adlaw By Request

Adlaw By Request

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

http://www.adlawbyrequest.com/
Rank this Week: 2704

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: 120

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
Rank this Week: 395

Legal Bytes

Legal Bytes

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

http://www.legalbytes.com
  • Feb 27

    The Only U.S. President Elected under the 12th Amendment is...

    The Only U.S. President Elected under the 12th Amendment is...
    The 12th Amendment to the Constitution of the United States provides for the election of the president and vice president by the electoral college, and if no candidate obtains a majority, the House of Representatives chooses the…
  • Feb 26

    ...and the Oscar Selfie Goes To or (the Unexpected Virtue of Being a Fish)

    ...and the Oscar Selfie Goes To or (the Unexpected Virtue of Being a Fish)
    Everyone knows there is competition, hype and controversy over nominations and awards at each year’s contest run by the Academy of Motion Picture Arts & Sciences. The competition culminates in an annual show broadcast around the…
  • Feb 26

    ...and the Oscar Selfie Goes To...(or, Something's Fishy)

    ...and the Oscar Selfie Goes To...(or, Something's Fishy)
    Everyone knows there is competition, hype and controversy over nominations and awards at each year’s contest run by the Academy of Motion Picture Arts & Sciences. The competition culminates in an annual show broadcast around the…
Rank this Week: 2451

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/
  • Feb 23

    Recent Decision

    Recent Decision
    Cal. law firm's website insufficient to create per. j. in Ga. FisherBROYLES, LLP v. JURIS LAW GROUP ND Georgia http://t.co/wpNYFcrRGx — TrademarkBlog (@TrademarkBlog) February 23, 2015 When will corporate officer be personally…
  • Feb 11

    EDVA Reverses FLANAX Case; No Exceptions to the Territoriality Principle

    EDVA Reverses FLANAX Case; No Exceptions to the Territoriality Principle
    The U.S. District Court for the Eastern District of Virginia, in a case of first impression, held that Article 6bis of the Paris Convention, the famous marks provision, does not provide trademark rights that are protectable under Section…
  • Jan 22

    Shameless Self-Promotion: Leason Ellis represented the successful party in a trial here in the SDNY/White Plain

    Shameless Self-Promotion: Leason Ellis represented the successful party in a trial here in the SDNY/White Plain
    A jury in the Southern District of New York (White Plains) awarded a complete victory to Triboro Quilt Manufacturing Corporation in its lawsuit against Luve LLC arising from an exclusive license agreement between the parties. Under the…
Rank this Week: 51

Troll Defense

Troll Defense

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

http://www.troll-defense.com/
  • Feb 18

    New Oregon Copyright Suits Over “Dumb and Dumber To”

    New Oregon Copyright Suits Over “Dumb and Dumber To”
    Troll Defense has learned that a company claiming the copyrights to the 2014 comedy film Dumb and Dumber To has filed at least two copyright actions against individual Doe parties in the U.S. District Court for the District of Oregon.…
  • Feb 11

    More DBC BitTorrent Lawsuits in Oregon: “Look out honey, ‘cuz I’m using technology!”

    More DBC BitTorrent Lawsuits in Oregon: “Look out honey, ‘cuz I’m using technology!”
    Dallas Buyers Club, LLC has just filed five new copyright infringement lawsuits against individual Does in the U.S. District Court for the District of Oregon. Unlike prior lawsuits filed by Dallas Buyers Club in this court, Voltage Pictures,…
  • Jan 29

    50 More Does Sued by Dallas Buyers Club in Seattle Federal Court

    50 More Does Sued by Dallas Buyers Club in Seattle Federal Court
    Dallas Buyers Club, LLC has just filed two new copyright infringement lawsuits against a total of 50 Does in the U.S. District Court for the Western District of Washington. The allegations of the complaints are virtually identical to those…
Rank this Week: 2824

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: 4527

Canadian Advertising and Marketing…

Canadian Advertising and Marketing Law

Covers Canadian advertising law. By Steve Szentesi.

http://www.canadianadvertisinglaw.com/
Rank this Week: 4510

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: 1231

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.

http://www.consumeradvocatelegalupdate.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: 3259

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/
  • Aug 21

    Second Circuit Clarifies the Use of Legal Presumptions of Consumer Confusion and Injury in Certain Lanham Act Case

    Second Circuit Clarifies the Use of Legal Presumptions of Consumer Confusion and Injury in Certain Lanham Act Case
    On Tuesday, July 29, the United States Court of Appeals for the Second Circuit “clarified certain aspects of [its] false advertising jurisprudence” and held that, where literal falsity and deliberate deception have been…
  • Aug 13

    False Advertising and Antitrust Law: Sometimes the Twain Should Meet

    False Advertising and Antitrust Law: Sometimes the Twain Should Meet
    Imagine that a drug manufacturer figured out how to compete with a blockbuster drug by making a cheaper and more effective alternative. The pharmaceutical company that makes the blockbuster drug starts flooding the market with false…
  • Nov 6

    Rash California Minors Get An Online "Eraser Button"

    Rash California Minors Get An Online "Eraser Button"
    By Elizabeth Barcohana We’ve all done it: typed or tapped out a message, posted it online, and immediately wished we hadn’t and that we could just erase it from the Internet forever. Now, if you are a California minor, you can. …
Rank this Week: 1139

Advertising Industry Litigation…

Advertising Industry Litigation Blog

Covers advertising law and litigation. By Theodora Oringher.

http://www.advertisingindustrylitigation.com/
  • Nov 19

    More About FTC’s Native Advertising Workshop

    More About FTC’s Native Advertising Workshop
    In a previous blog, I advised that the FTC was hosting a workshop on native advertising on December 4, 2013 in Washington D.C.  The FTC has now announced the agenda and panelist for the workshop.   Here is a link to the agenda.…
  • Oct 15

    Clock’s Up. New TCPA Rules Take Effect Today, October 16, 2013

    Clock’s Up. New TCPA Rules Take Effect Today, October 16, 2013
    If you are in the telemarketing industry, chances are you have had this date circled on your calendar for over a year and have spent part of that time planning and preparing for the new TCPA rules to ensure your business is in strict…
  • Sep 18

    FTC Eyeing Native Advertising

    FTC Eyeing Native Advertising
    It’s digital.  It’s popular.  And it could cause consumer confusion.  So it was inevitable it would peak the interest of the FTC.  Just this week, the FTC announced it will host a workshop on December 4, 2013…
Rank this Week: 3424

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/
Rank this Week: 1207

AdMark Buzz

AdMark Buzz

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

http://www.lockelordadmark.blogspot.com/
Rank this Week: 2352