Just about everyone dreams of participating in the Olympics – walking among the parade of nations being draped with a bronze, silver, or maybe even gold, medal. Most learn at an early age that we possess neither the skill nor the single-minded discipline necessary to fulfill this dream. So, we Continue Reading
Reuters Legal News | The Case of Fruity Pebbles: ‘Stone-Age’ Use Does Not Guarantee Trademark Protection in Colors
A specific color or color combination can be the subject of common law trademark protection and/or federal registration with the U.S. Patent and Trademark Office ("USPTO") in certain circumstances, though it can be challenging to protect and register a color mark. Some well-known examples of Continue Reading
O’Dwyer’s Public Relations | Applying Attorney-Client Privilege to PR & Comms
Public relations firms are increasingly occupying an important seat at the table when their clients confront a crisis of one type or another. The 24-hour news cycle and the constant availability of “trending” information on social media have only exacerbated the need for effective strategic Continue Reading
AdExchanger | Advertisers Take Note: State Laws Zero in on Protecting Kids’ Digital Privacy Rights
US state comprehensive privacy laws like the California Consumer Privacy Act (CCPA) have been garnering much attention over the past year. However, new requirements with respect to the processing of children’s data are occurring at the US state level and seemingly flying below the Continue Reading
Sports Business Journal | Reexamining Morals Clauses in a Post Tiger-Nike World
An early withdrawal for Tiger Woods at the Genesis Invitational last month continued a trend of health-related withdrawals. Even his more limited playing schedule has not alleviated the concerns about his health. Despite the early exit, the weekend also marked a new era for Tiger, as he debuted his Continue Reading
Westlaw Today | Knowledge Is Power: Accessing Loan Information in Troubled CMBS
If the days of “extend and pretend” actually come to an end for commercial real estate loans this year, there will be a greater focus on investors’ rights to information regarding troubled properties. Valuation issues have received much of the attention recently, but it is the information Continue Reading
Law360 | A New Push To Clear Up Marijuana’s Foggy Legal Status
Although marijuana is now legal for recreational or medical use in 37 states, it is still a federal crime to grow, sell or possess marijuana. With Congress unable to come to an agreement on marijuana's legal status, the Biden administration has been considering other means at its disposal to Continue Reading
O’Dwyer’s Public Relations | Influencing the Best Outcome with Influencers
Influencer marketing has surged in popularity in recent years — remarkably at the very same time leading commentators from the New York Times and elsewhere have reported on the decline of the news media and its troubling future. Even non-celebrity endorsers offer enormous power over people in a Continue Reading
Law360 | Retailers Must Be Mindful of Sale Ads as Class Actions Rise
There is nothing more alluring to consumers than getting a good deal. Traditional and online retailers have long used sales, coupons, markdowns and other discounts to help move inventory while letting consumers feel that they saved money. While this practice is not illegal in itself, regulators Continue Reading
O’Dwyer’s Public Relations | The Use of Generative Artificial Intelligence in Political Campaigns
Election season is fully underway in the United States and, as in most presidential election years, publications, airwaves, and social media feeds are increasingly becoming crowded with campaign messaging. The emergence of generative artificial intelligence (Gen AI) technology is a curveball that Continue Reading