Trademark & Copyright Law Archives - Klein Moynihan Turco

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FTC Takes Aim at Deceptive Earnings Claims

Blog, Civil law, Internet Law, Trademark & Copyright Law / David Klein

This week, the Federal Trade Commission (“FTC”) proposed changes to the Business Opportunity Rule, together with the possible enactment of a new Earnings Claim Rule. Due to the increasing number of individuals seeking work-from-home arrangements, deceptive potential earnings claims are becoming more problematic. Earnings claims are especially prevalent in the multi-level marketing (“MLM”) and money-making […]

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Be Aggressive in Defending TCPA Lawsuits!

Blog, Trademark & Copyright Law / David Klein

Earlier this summer, in Frank v. Receivables Performance Management, LLC (“RPM”), a judge for the United States District Court for the District of New Jersey issued a useful decision for defendants, dismissing most of the claims in Plaintiff’s Telephone Consumer Protection Act (“TCPA”) lawsuit. Plaintiff sued RPM for allegedly calling him numerous times without his

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Temu on Trademark Rampage

Blog, Trademark & Copyright Law / David Klein

Let it be known: Temu will use all legal means necessary to protect its trademark rights. Since its stateside launch last September, Temu has already filed nine federal lawsuits for alleged trademark infringement. For the unfamiliar, Temu offers discounted products, in large part, by shipping them from China directly to consumers. Approximately four months after

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Dairy Queen Loses Trademark Infringement Lawsuit

Blog, Trademark & Copyright Law / David Klein

American Dairy Queen Corporation (“Dairy Queen”) sued W.B. Mason Co. (“W.B. Mason”) over W.B. Mason’s use of the BLIZZARD mark for its bottled spring water. Dairy Queen holds registered trademarks for its BLIZZARD frozen treats, which it sells directly to consumers. Dairy Queen’s earliest BLIZZARD trademark registration was issued in 1952, and the most recent

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I Just Started My Business – When Should I File for Trademark Protection?

Blog, Trademark & Copyright Law / David Klein

A frequent question that comes up when starting a business is when to file for trademark protection. The answer to this question will depend on a few things, such as the type of trademark protection that you want for your brand/business and whether you are already using the trademark in commerce or have a bona fide intent to do so within the required regulatory timeframe (as discussed below). What

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New York Court Decides NFT Trademark Fair Use Case

Blog, Trademark & Copyright Law / David Klein

The Southern District Court of New York recently rendered a decision in a widely-followed trademark infringement case. The dispute involved Plaintiff, Hermès International, designer and purveyor of the luxury Birkin handbag, and Defendant-artist, Mason Rothschild, creator and seller of non-fungible tokens (“NFTs”) depicting “MetaBirkins” or “fur-covered” Birkin handbags. In this case, a federal jury determined

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SCOTUS to Hear Jack Daniel’s Trademark Infringement Case

Blog, Trademark & Copyright Law / David Klein

Owners of registered trademarks understand the significant, inherent value of Intellectual Property. To maintain that value, the importance of “policing” one’s mark from infringing and inappropriate third-party use cannot be overstated. The United States Patent and Trademark Office (“USPTO”) defines trademark infringement as “the unauthorized use of a trademark or service mark on or in connection with goods

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Be Wary of Unauthorized Use of Another’s Trademark in Marketing

Blog, Trademark & Copyright Law / David Klein

There is no question that digital marketing of products and/or services are integral to the success of any business. There are myriad ways and places to advertise, including websites, social media, mobile applications, and the like. Oftentimes, companies will either intentionally, or inadvertently, use a registered trademark that belongs to a third party in its

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