Trademark & Copyright Law

NCAA Seeks Attorneys’ Fees after Sweepstakes Lawsuit Win

March 8, 2018 After winning its federal sweepstakes lawsuit against promotional contest sponsor Kizzang LLC (“Kizzang”), the National Collegiate Athletic Association (“NCAA”) has requested recovery of over $242,000 in attorneys’ fees from Kizzang. Why is Kizzang footing the NCAA’s six-figure legal bill?

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NCAA Dunks on Sweepstakes App Provider in Trademark Lawsuit

February 14, 2018 The National Collegiate Athletic Association (the “NCAA”) recently boxed out sweepstakes app provider Kizzang LLC (“Kizzang”) and its principal in a trademark lawsuit filed in connection with the planned name of Kizzang’s 2017 college basketball-themed promotional contest. Why should operators in the contest and sweepstakes space think twice before launching a new

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The Rise of Marijuana Advertising Regulations

February 7, 2018 This Monday, the newly-minted Massachusetts Cannabis Control Commission (the “Commission”) kicked off six days of public hearings across the Commonwealth in anticipation of the rollout of new marijuana advertising restrictions that will become effective this spring. What are some of the key provisions contained in the draft regulations?

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Class Action Lawsuit over Asahi Beer Labels Lives On

November 17, 2017 Last month, a federal district court in Los Angeles refused to dismiss a putative class action lawsuit filed against Asahi Beer U.S.A., Inc. (“Asahi”) amidst allegations that the brewery’s Asahi Super Dry beer labels are deceiving consumers. How can a brewery lawyer help keep craft breweries on schedule and legally compliant?

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Coachella, Trademark Lawyers Want “Filmchella” Organizer Held in Contempt

November 13, 2017 Last week, the trademark lawyers for Coachella Music Festival, LLC and the famous music and arts festival’s producer, Goldenvoice, LLC (collectively, “Coachella”), asked a Los Angeles federal district court to hold a would-be film festival organizer in contempt of court for purportedly refusing to comply with Coachella’s previously granted motion for preliminary

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Ask A Trademark Lawyer How to Trademark Your Domain Name

September 11, 2017 In a potentially groundbreaking decision (Booking.com B.V. v. Matal, et al., Index No. 16-cv-425 (the “Trademark Lawsuit”)), a U.S. District Court recently overruled the U.S. Patent and Trademark Office (“USPTO”) and ordered the USPTO to register BOOKING.COM as a trademark.  The Trademark Lawsuit reinforces the importance of consulting with an experienced trademark

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Fake News: A Legal Perspective

May 1, 2017 By David O. Klein and Joshua R. Wueller The concept of “fake news” has garnered substantial attention in recent years, evolving from its satirical literary origins into a passionately criticized Internet phenomenon. Whether described as rumors, “counterknowledge,” misinformation, “post-truths,” “alternative facts” or just plain damned lies, these false statements of fact typically

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