Searching Content indexed under Trademark by Davis & Gilbert ordered by Published Date Descending.
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Intellectual Property Litigation Alert >> Was Missguided Misguided? Kim Kardashian West Obtains $2.7 Million Judgment In Right Of Publicity And Trademark Suit
A federal district court in California has awarded a $2.7-million default judgment to Kim Kardashian West in her lawsuit against a fast fashion online
United States
6 Aug 2019
Trademark >> No Longer "FUCT" - Scandalous Mark Provision Struck Down By Supreme Court
What constitutes a "scandalous" trademark? The United States Patent and Trademark Office (USPTO) has been grappling with this question since the enactment of the 1905 Trademark Act
United States
19 Jul 2019
Intellectual Property Alert >> Patent And Trademark Office Clarifies Rules For Cannabis Trademarks
The U.S. Patent and Trademark Office (USPTO) has traditionally refused registration of cannabis and cannabis-related offerings because "use in commerce" under the Trademark Act means "use in lawful commerce" and such offerings were prohibited under federal law.
United States
12 Jul 2019
Trademark License Rights Survive Rejection in Bankruptcy
Settling a circuit split, the U.S. Supreme Court, in an 8-1 decision, has concluded that a trademark licensee's rights are not automatically terminated when a debtor in bankruptcy rejects the license agreement.
United States
18 Jun 2019
Digital Media, Technology & Privacy Alert >> 1-800 Contacts Unlawfully Restricted Competitors' Trademark Use In Search Engine Marketing
The Federal Trade Commission (FTC) has decided that agreements reached by 1-800 Contacts, Inc. with a number of its competitors ...
United States
23 Nov 2018
Augmented Reality Leapfrogs Its Virtual Cousin, But Will Legal Questions Slow Its Momentum?
Flip back through articles, columns, tweets and other prognostications from marketing pundits over the past decade plus
United States
14 Nov 2018
Intellectual Property Litigation Alert >> When Does "Copying" A Photograph Of A Building Constitute Copyright Infringement?
A recent decision from a Pennsylvania federal court underscores that there is generally no copyright protection in an actual building or a skyline of buildings ...
United States
30 Oct 2018
Trademark >> What's In A Name?
Selecting the title of a film, book or other creative content can be a daunting task.
United States
25 May 2018
NCAA Obtains Injunction Over "March Madness" And "Final Four" Trademarks
The U.S. District Court for the Southern District of Indiana sided with the National Collegiate Athletic Association (NCAA) and awarded a permanent injunction ...
United States
14 Mar 2018
$500 Million Oculus Verdict Highlights Litigation Risks For Emerging Tech Companies
The decision by a federal jury in Dallas, Texas, to award $500 million to the plaintiffs in a case involving VR technology – despite the jury's conclusion that the defendants had not misappropriated...
United States
7 Mar 2017
Legal Marijuana: What You Need To Know To Legally Advertise To This Budding Economy
One underreported outcome of the November elections is that nearly 25 percent of Americans now live in a state where recreational marijuana use is legal.
United States
17 Jan 2017
Intellectual Property Alert >> Implications Of Brexit On Trademarks In The EU
The United Kingdom's vote on June 23, 2016 to withdraw from the European Union has left many issues in flux, including the rights of owners of European Union Trademark registrations...
European Union
12 Jul 2016
Legally Speaking: How To Stay Out Of Real-Time Marketing Hot Water
The start of any new year typically brings advertisers and their marketing agencies a veritable real-time marketing bonanza.
United States
6 Jun 2016
Trademark >> Courts And USPTO Analyze Hashtags, With Varying Results
In the social media world, hashtags are ubiquitously used by the general public, marketers and their agencies.
United States
22 Apr 2016
2016 Mitigating Risk: Key Litigation Developments - Intellectual Property >> Can The First Amendment Trump The Right Of Publicity?
Many states recognize a "right of publicity," which prohibits the commercial use of an individual's name, likeness, or identity without consent.
United States
12 Apr 2016
Supreme Court Clarifies Who Can Assert A Federal Claim For False Advertising
The Supreme Court's ruling in Lexmark should have a significant impact on Lanham Act false advertising cases.
United States
21 Jul 2014
ICANN Implements Plans To Expand Top-Level Domain Name Options
The Internet Corporation for Assigned Names and Numbers (ICANN), the non-profit entity tasked with coordinating the worldwide Internet domain name system, has implemented two plans that will greatly impact the Internet’s structure of domain name suffixes known as generic top-level domains (gTLDs).
United States
20 Sep 2011
Ninth Circuit Confirms That Keyword Advertising Can Be Trademark Infringement, But Raises The Bar To Prove Infringement
Many advertisers use keyword advertising programs with search engines, such as Google’s AdWords, as part of their internet marketing campaigns.
United States
22 Jul 2011
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