FTC Issues New Guideline Report for Online and Mobile Advertising Disclaimers
The Federal Trade Commission (“FTC”) issued new guidelines this week for media outlets, advertisers, brands, celebrity brand spokespeople and other parties advertising products online. The report, titled “.com Disclosures: How to Make Effective Disclosures in Digital Advertising,” builds upon the FTC’s previous report on digital marketing practices, issued in 2000. In addition to emphatically clarifying
Trademark Law Basics, Part 4: How Do I Choose a Trademark?
This is part four of the CDAS Trademark Law Basics series. If you missed the previous installments, they are available at the following links: Part 1, Why Register a Trademark?, Part 2: Why Conduct a Trademark Search?, and Part 3: What to Expect During the Trademark Prosecution Process. A trademark can be a word, logo,
Trademark Law Basics, Part 3: What To Expect During The Trademark Prosecution Process
This is part three of the CDAS Trademark Law Basics series. If you missed the previous installments, they are available at the following links: Part 1, Why Register a Trademark?, and Part 2: Why Conduct a Trademark Search? The process of trademark prosecution involves you and your trademark attorney filing an application with the United
Trademark Law Basics, Part 2: Why Conduct A Trademark Search?
This is part two of the CDAS Trademark Law Basics series. If you missed the previous installment, it is available here: Part 1, Why Register a Trademark?, Many small businesses apply to register without advice from an attorney. This is perfectly legal, but can be more costly than you think: the fees and costs associated
Trademark Law Basics, Part 1: Why Register a Trademark?
Welcome to the first part of the CDAS “Trademark Law Basics” series. Over the next month, CDAS attorneys will be explaining the legal and practical basics of trademarks on our IP, Media and Entertainment Law blog. We will also curate the entire series on the CDAS Trademark and Brands Practice Group page. Just like your
Small Screen, Bigger Picture
On December 27, 2012, the U.S. District Court for the Central District of California issued a preliminary injunction against Aereokiller (formerly known as BarryDriller.com), a service founded by Alki David, someone not unfamiliar with television transmission and the law. Previously, in conjunction with rulings involving a similar technology at issue in WPIX v. ivi in
Court Finds That Use Of Registered Trademark to Identify Public Domain Cartoon Character is Not Infringement
In the latest phase of a long litigation, the U.S. District Court for the Central District of California, following a remand from an amended Ninth Circuit opinion, held that a company that claimed to have acquired the intellectual property rights in the cartoon character “Betty Boop” could not maintain a claim for trademark infringement against
Ralph Lauren’s Famous Polo Player Put Back on his Horse
The United States Patent and Trademark Office Trademark Trial and Appeal Board recently put Ralph Lauren’s famous polo player back on his horse in granting the petition of PRL USA Holdings, Inc., a Polo Ralph Lauren Corporation subsidiary (“PRL”) to cancel the trademark registration of Thread Pit, Inc. (“Thread Pit”).
Google Cleared of Java Copyright Infringement
Google Cleared of Java Copyright Infringement: In First Ruling on Copyrightability of APIs, CA Court Finds That Functional Java API Code Is a “Method of Operation” Not Protected By Copyright Law
Decoding Rosetta Stone: Trademark Lessons and Unanswered Questions From The Fourth Circuit’s Decision Regarding Google’s Keyword Advertising Program
On April 9, the U.S. Court of Appeals for the Fourth Circuit handed down its decision in Rosetta Stone Ltd. v. Google Inc. At issue in the appeal was whether Google’s sale of “Rosetta Stone” keywords for use in Google’s AdWords advertisements constituted primary (direct) or secondary (contributory/vicarious) trademark infringement or diluted Rosetta Stone’s trademarks.