Mayura Noordyke (US)

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Web Advertising – Complying with FTC’s “Clear & Conspicuous” Rule

Increasingly, companies are turning to the internet and social media platforms to advertise their products, often by using native advertising or by providing incentives such as payments or free products to social media “influencers” (Instagrammers, Pinners, Bloggers and Vloggers, to name a few) in exchange for an endorsement. As we have previously discussed, the FTC … Continue reading

Redskins won’t join Slants’ trademark case at SCOTUS

The Supreme Court has refused the Washington Redskins’ request to join The Slants’ case challenging the Lanham Act’s ban on the registration of offensive trademarks. Pro-Football, Inc. v. Blackhorse, Case No. 15-1311 (U.S. Supreme Court’s Order List at 58, Oct. 3, 2016). Last week, the Supreme Court agreed to review The Slants’ case regarding whether … Continue reading

UPDATE: SCOTUS will review ban on offensive marks

Earlier today, the US Supreme Court agreed to review whether the Lanham Act’s ban on offensive trademarks violates the First Amendment.  The high court granted certiorari in the case of The Slants, the Asian American rock band that was denied a trademark registration under Section 2(a) of the Lanham Act. The relevant provision of the … Continue reading

Can You Trademark a Hashtag?

#Yes! In the United States, a hashtag can be trademarked if it serves a source-identifying function for the trademark owner’s goods or services. Hashtags, which started on Twitter as a way for users to follow conversations on particular topics, are words or phrases that follow the pound or hash sign (“#”). Since their inception, hashtags … Continue reading

Social listening – are you ready?

One of the keys to a successful social media presence for businesses is real-time engagement and quick response times. “Social listening” can help businesses tap into consumer sentiment in order to engage with their audience effectively and to elevate their brands. What is social listening? Social listening constitutes tracking conversations on social media that mention … Continue reading

CPB expands information sharing to address counterfeit imports

On September 18, 2015, U.S. Customs and Border Protection (“CBP”) published a final rule that allows for increased information sharing between CBP and trademark owners in cases of importation of merchandise suspected of bearing counterfeit marks. The new rule, which went into effect October 19, 2016, allows CBP to release information to mark owners that … Continue reading

Medical device exemptions to the prohibition on circumvention (Part 2 of 6)

As we discussed in our last post, the U.S. Copyright Office recently published its sixth set of exemptions to the Digital Millennium Copyright Act (“DMCA”). In Part 1 of our multi-part analysis we discussed the DMCA’s statutory privacy exception.  Today we begin with the new exemptions – specifically two exemptions related to medical devices. The … Continue reading

DMCA Non-Infringement of Copyright: Cars, Devices, and the Internet of Things (Part 1)

On October 25, 2015, the U.S. Copyright Office published its sixth set of exemptions to the Digital Millennium Copyright Act (“DMCA”). Our multi-part post will explore practical aspects of these new federal regulations. We will cover topics ranging from education uses of films to medical device software to “jailbreaking” smartphones and tablets to the Internet … Continue reading
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