Trademark & Copyright Law

Vermont Vapor Up in Smoke for Allegedly Deceptive E-Cig Marketing Practices

February 16, 2017 Last week, Vermont Vapor, Inc. (“Vermont Vapor”) announced that the Vermont Attorney General’s Office is seeking $50,000 in penalties in connection with Vermont Vapor’s e-cig marketing practices. How can e-cig manufacturers and related marketing affiliates avoid problems with regulators?

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TTB Licenses and Regulations: How a Craft Brewery Lawyer Can Help

February 15, 2017 Craft brewers applying for a permit/license or other approval from the U.S. Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau (“TTB”) can minimize delays, complication and confusion by working closely with a brewery lawyer throughout the application and brewery planning process. How can a brewery lawyer help keep craft breweries on

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Trademark Enforcement and Internet Search Advertising: A Regulatory Risk for Brand Owners

December 2016 For well over a century, US trademark law has afforded brand owners certain rights, remedies and obligations.  As the Department of Commerce has noted, owners of trademarks have both a legal right and an affirmative obligation to protect their trademarks from unauthorized third-party use.  Diligent enforcement practices not only protect trademark assets, but

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New TTAB Rules for Trademark Lawyers

October 28, 2016 Trademark lawyers across the country should take note of the U.S. Patent and Trademark Office’s (“USPTO”) first major set of Trademark Trial and Appeal Board (“TTAB”) rule changes since 2007.  The amended rules take effect on January 14, 2017, for both new and pending TTAB cases. What are the USPTO rulemaking’s key

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Gladys Knight Files Unfair Competition Lawsuit Against Her Son

September 1, 2016 This Monday, seven-time Grammy Award-winning recording artist Gladys Knight commenced a federal unfair competition lawsuit against her own son and his businesses in connection with a chain of Atlanta-area chicken and waffle restaurants bearing Knight’s name and likeness. How can businesses avoid legal issues related to third-party names and brands?

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FTC Targets Brand Owner Policing Search Ad Keywords

August 10, 2016 This Monday, the Federal Trade Commission (the “FTC” or “Commission”) commenced an administrative proceeding against 1-800 Contacts, Inc. (“1-800 Contacts”), alleging that the online contact lens retailer had entered into anti-competitive search ad bidding agreements with its rivals. Should sellers and advertisers be concerned about how they police their brands?

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“Dirty Dancing” Trademark Dilution Claims Reinstated

August 5, 2016 This March, we reported on a California federal court’s dismissal of Lions Gate Entertainment Inc.’s (“Lions Gate”) trademark and unfair competition claims against TD Ameritrade Holding Corporation, a number of its subsidiaries (“TD”) and ad agency Havas Worldwide New York, Inc. (“Havas”) in connection with the Defendants’ “Dirty Dancing”-themed ad campaign.  This Monday,

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