Pattishall Insights Newsletter

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The Lanham Act’s “Names Clause” Survives First Amendment Challenge (Fall 2024)

NAVIGATING THE DIGITAL LANDSCAPE: New FTC Guidelines for Compliant Online Marketing and Advertising (Summer 2024)

Online Sellers Ship Everywhere; Are There Any Limits On Where They Can Be Sued? (Spring 2024)

Spooky News for Advertisers: Free Offers, Curated Reviews, and Fulfillment Delays (October 2023)

2023 Supreme Court Edition

Brand Acquisition Perils and Pitfalls (April 2023)

The Long Arm of the Lanham Act (January 2023)

Warhol, Prince, and the Copyright Fair Use Defense (October 2022)

In Memoriam – Robert M. Newbury (July 2022)

Mistakes Happen, but Do They Bar Your Copyright Infringement Action? (April 2022)

And Just Like That, A Product Placement Disaster  (January 2022)

What if You Can’t Register Your Own Company Name as a Domain Name? (October 2021)

The New Copyright “Small Claims” Court (July 2021)

Opportunities and Traps Under the New Trademark Act Amendments (April 2021)

 

Mash-Up Decision Illuminates Copyright and Trademark Divide (January 2021)

Booking.com Opens the Door to Registering “Generic.com” Marks – But Uncertainty Remains (October/November 2020)

UK Trademarks After Brexit (July 2020)

Medline Wins Important Case on Trademark Registration of a Color (April 2020)

Might You Have to Pay the USPTO’s Attorneys’ Fees? (January 2020)

Animated “Motion Trademarks” Grow in Popularity and Legal Protection Around The World (October 2019)

New Safeguards Against Chinese Trademark Squatters, But Self-Help Is Still Advisable (July 2019)

Better file your copyright applications promptly, in the wake of the Supreme Court’s Fourth Estate decision (April 2019)

The Future of Cannabis Advertising (January 2019)

AI Can Create Art, But Can It Own Copyright In It, or Infringe? (October 2018)

NOW WHAT, AFTER GDPR? CALIFORNIA!
New State Privacy Law Set to Impact Businesses Across the U.S. (July 2018)

Brexit: What Trademark Owners Need to Know Now (April 2018)

Influencing via Social Media – Risky Business (January 2018)

Prepare Now for Random Trademark Registration Audits (October 2017)

ONLINE BRAND ENFORCEMENT: Amazon’s New Tool for Brand Owners (July 2017)

Clothing Copyright Confirmed (April 2017)

PAY MY FEES! Attorney’s Fee Awards in Trademark Cases after Octane Fitness (January 2017)

CAUSE MARKETING: Doing Good, Doing Well, And Doing It Right (October 2016)

The Defend Trade Secrets Act – Fast Remedies for the Instant Information Age (July 2016)

Computer Fraud and Abuse Depends on Where You Are, Not Just What You Did (April 2016)

BIO HAZARD: Biometric Privacy Class Actions Over Digital Images and Fingerprints (January 2016)

Trick or Tweet? FTC Cracks Down on Disguised Endorsements (October 2015)

Virtual Minimum Contacts: Where Does Personal Jurisdiction Attach Through Internet-Based Activities? (July 2015)

When Not to File a UDRP Complaint (April 2015)

NOT SAVED BY SCIENCE
Fifth Circuit Rules False Advertising Claims Based on Debated Science Subject to Lanham Act
Liability, Not Protected First Amendment Speech (January 2015)

Check That Label. And Then Check It Again: False Advertising Claims After Pom Wonderful
v. Coca-Cola (October 2014)

Aereo’s Internet-Based Television Streaming Services May Be Wizardry, But the Supreme Court is in No Mood for Magic (July 2014)

The Trademark-Clearinghouse and the Uniform Rapid Suspension System: Cost effective ways to protect your brands (April 2014)

Starbucks v. Wolfe’s Borough is Over: An Object Lesson in the Do’s and Don’ts of Dilution Litigation (January 2014)

Digital Pegs in Analog Holes: Competing Analogies in Digital Copyright Litigation (September 2013)

Trademark Surveys: The Past as Prologue (May 2013)

Behavioral Economics and Brand Management (January 2013)

100 Years of Seeing RED-A Historical Perspective on the Second Circuit’s “Red-Sole Shoe” Mark Decision in Louboutin v. Yves Saint Laurent (November 2012)

Tactical Use of Covenants Not To Sue Headed for Supreme Court (July 2012)

Being Famous vs. Proving Fame: Evidentiary Pitfalls Revealed by Coach v. Triumph Learning (April 2012)

Firm Seminar on “Brand Power Through Strategic IP Management” (January 2012)

New Policies Regarding Top Level Domains (Summer 2011)

Applicability of Copyright Law’s First Sale Doctrine to Foreign-Made Goods Remains a Gray Area Following Supreme Court Deadlock (Winter 2011)

The DMCA’s Teeth: Court Awards Massive Statutory Damages for Access Control Circumvention Online (Summer 2010)

TTAB Proceedings and Declaratory Judgment Jurisdiction (Spring 2010)

GENUINE GOODS GONE BAD: Recent U.S. Cases of Interest (Winter 2010)

A RETURN TO NORMALCY: In Re Bose and Its Implications (Fall 2009)

The Domain Name Universe Expands: Report on Recent Developments at ICANN (Summer 2009)

Judges Speak Out on IP (Winter 2009)

New Decision Supports Enforcement of End User License Agreements (Fall 2008)

Addressing the Problem of Infringing Imports (Summer 2008)

The 125th Anniversary of Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP (April 2008)

Real World Implications of Virtual Trademark Infringement (Winter 2007)

Trademark Licenses and the New Franchise Rule (Fall 2007)

Pattishall Attorneys Aid Paralyzed Vet in Suit against Chicago Transit Authority (Summer 2007)

Privacy and Data Ownership Issues Arising from Use of GPS and Telematics Technologies (Spring 2007)

The Legal Landscape For Gift Cards (Winter 2006)

Congress Enacts Comprehensive Protection Against Dilution of Famous Marks (Client Advisory) (September 2006)

Nominative Fair Use After KP Permanent (Spring 2006)

Clearing Up Confusion Surrounding Linux Copyrights and Trademarks (Fall 2005)

Right of Publicity Emerges From The Shadow of Copyright Law (Summer 2005)

Buyer Beware: Acquiring a Product Line May Put Trademark at Risk (Winter 2005)

Grokster: The Line In The Sand on File-Swapping (Fall 2004)

Can Fair Use Confuse? (Summer 2004)