We have been following the course of In re Tam as it has progressed through the PTO and the courts. See our prior posts here, here, here, here and here. To recap, at issue is whether Section 2(a) of the Lanham Act, which prohibits the registration of marks that may disparage persons,… More
Monthly Archives: September 2016
I am excited to be traveling to Norway next week to attend my first conference of the Pharmaceutical Trade Marks Group in Oslo. Not having been to PTMG before, I can’t offer much insight on the conference, but since I lived in Oslo for a year many years ago, I do have a bit to say about the host city. In the spirit of a smorgasbord,… More
On September 8, 2016, the European Court of Justice rendered a controversial decision in GS Media v. Sanoma Media, which has been acclaimed by copyright holders and heavily criticized by internet companies.
The Dutch version of Playboy magazine, published by Sanoma, was about to publish photographs of a Dutch TV celebrity, Britt Dekker, when it learned that unauthorized copies of the images were already available on an Australian website.… More
This post first appeared in Law360 as “10 Considerations When Advertising On Social Media,” published on September 21, 2016.
Most modern advertising campaigns include social media components. In fact, it is not uncommon today to see products advertised exclusively on social media. For the most part, the same rules that govern traditional advertising also govern commercial speech on social media.… More
I May Not Be Able To Pronounce Acai But I Know It Doesn’t Burn Fat Cells: 5 Recent Over-the-Top Weight Loss Advertising Claims And How The Federal Trade Commission Responded
Some say “ah-sigh;” I say “ah-kai;” but apparently the proper pronunciation of “acai” — the so-called super berry — is actually “ah-sigh-ee.” Who knew? Acai berries are native to the Amazon rainforest and have been hailed by marketers as offering a slew of health benefits, including massive weight loss. Unfortunately, according to various consumer advocacy groups like the Center for Science in the Public Interest,… More
The Washington Redskins Ask The Supreme Court To Block Fourth Circuit From Participation In Important Trademark Cases
Another Labor Day is behind us, kids are back to school, and fall has unofficially arrived (it will become official on the September 22nd equinox). The autumn leaves bring with them two major opening days. One is already behind us, as the NFL literally kicked off its season on September 8 with a matchup between the Carolina Panthers (20) and the Denver Broncos (21).… More
Just in time for the Season 3 premiere, let’s take a look back at Empire’s year in IP litigation.
Like the fictional Lyon family, which is constantly beset by threats from Feds, old criminal connections, and music business competitors, their show Empire finds itself a regular target for infringement claims. As with any successful show (or family), many people want to claim credit and their own slice of a quite lucrative pie. … More
I am in New York City for the Intellectual Property Owners Association’s (“IPO”) Annual Meeting. I have been to the Annual Meeting before in other cities and had a great time, but was thrilled when I heard that it was going to be in NYC in 2016. Even though I live in Boston, I love New York and visit often. There are so many iconic things to see in New York,… More
As a fan of modern art, I am looking forward to the dinner reception at next week’s Annual Meeting of the Intellectual Property Owners Association (IPO), which will be held at New York’s Museum of Modern Art. As a member of IPO’s Copyright Committee, in anticipation of the dinner I have been musing about a fascinating and complicated question: Can I take snapshots of the art while visiting the MoMA? … More
Labor Day is the wrong time to think about copyright law, especially in 2016, because this year marks the twenty fifth anniversary of the Supreme Court’s decision in Feist Publications v. Rural Telephone Service, 499 U.S. 340 (1991). That’s the case that took the “labor” out of copyright jurisprudence by ending the “sweat of the brow” doctrine.
Why was “labor” a factor in the first place? … More