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
Intra-Circuit split should give advertisers pause
While advertising off-label claims for medical devices and pharmaceuticals may be like sailing into stormy waters, companies might assume that advertising their products based on FDA-vetted labeling is, if not a safe harbor, at least a reasonably sheltered cove. The
The risky business of allusive trade marks in South Africa
When a trader adopts words in common use for his trade name, some risk of confusion is inevitable. But the risk must run unless the first user is allowed to unfairly monopolise the words. This dictum from a 1946 House
Seattle Seahawks fans still the 12th Man under new trademark licensing deal with A&M
Football season is upon us, and fans of the Seattle Seahawks were no doubt celebrating the thrilling 12-10 victory over the Miami Dolphins during their first game of the season on Sunday, September 11, 2016. Seattle fans, who have been
NY Court Says No Grand Theft of Stars’ Publicity Rights. What About California?
In July, the Brand Protection Blog reviewed potential “right of publicity” claims that might have been brought by celebrities whose wax “look alikes” appeared in Kanye West’s “Famous” music video. That analysis largely focused on California’s Celebrity Rights Act. A
That’s My Mark! Enforcing Trademark Rights on Social Media
It is no doubt surprising and frustrating for brand owners when they find that someone has appropriated their trademarks on social media. A few of the common scenarios include:
- small competitors modifying logos and passing them off as their own;