The Bottom Line 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 Continue Reading
#Oscars Ready: Social Media Guidance for Brands and Advertisers
The 2024 awards season has been filled with snubs, influencers on the carpet, groundbreaking wins and acceptance speeches that have echoed throughout Hollywood. While some awards shows are stricter than others about brand participation in social media, it’s another winning year for all brands tuning Continue Reading
International Trademark Association (INTA) | Green Trademarks and Sustainability Marketing—Trends, Enforcement, Watchouts, Risk Mitigation, and Opportunities
Quick Details Session Overview Ron Urbach (Partner/Co-Chair, Advertising + Marketing) will participate in a cross-country panel focusing on a wide-ranging discussion of issues related to green trademarks, including filing trends in the US and EU, legal and trademark office issues, risk Continue Reading
2024 Top 10 Advertising + Marketing Trends: Balancing Risks & Rewards
The marketing and advertising landscape in 2024 presents a complex tapestry of evolving regulations, groundbreaking technological advancements and shifting consumer behaviors. These changes are not just trends: they are signals of a fundamental transformation in the way brands connect with their Continue Reading
Is the Legal Test for Expressive Use of a Trademark on The Rocks? Jack Daniel’s Prevails at the Supreme Court
The Bottom Line The U.S. Supreme Court recently decided that, when using another’s trademark “as a designation of source for the infringer’s own goods,” one is not entitled to a First Amendment defense even if the use is a parody.While the decision leaves intact existing legal protections for the Continue Reading
Key Influences on the Cannabis Market in 2023
2023 may create the harshest conditions yet for the cannabis industry. The economy was already expected to be a challenge to profitability and now turmoil in the banking sector may further distract Congress from passing meaningful marijuana banking legislation, continuing to limit access to Continue Reading
Jury Awards Six-Figure Damages to Hermès in First Major NFT Decision
The Bottom Line Brands should monitor whether and how their trademarks are being used in new technologies and know that such use is still subject to traditional principals of trademark law.Creators should be aware of the limits of First Amendment protection, particularly when dealing with Continue Reading
Spinning Out of Trademark Protection: Highly Distinctive Marks Versus Generic Terms
8th Edition: Trends in Marketing Communications Law What do the words “aspirin,” “escalator,” “cellophane” and “thermos” have in common? Each used to be a distinctive trademark but, over time, became a generic term that lost its protection. Continue Reading
See You at the #Oscars: Social Media Guidance for Brands and Advertisers
2023 Update Excited for the 95th Academy Awards? We are too! The Academy released updated brand guidelines with the same rules and restrictions as last year, except that brands are also permitted to use #Oscars95 in their social rollouts. Once again, brands do not need to be affiliated with or Continue Reading
Thomson Reuters Practical Law | Trademark Laws: New York
A Q&A guide to New York laws protecting trademarks. This Q&A addresses state laws governing trademark registration, infringement, dilution, counterfeiting, unfair competition, and deceptive trade practices. Answers to questions can be compared across a number of jurisdictions (see Trademark Continue Reading