On February 10, 2020, the Seventh Circuit federal appeals court ruled that an Illinois-based seller of dietary supplements could maintain a federal Lanham Act and Illinois state law claims against a California-based competitor that had only an online presence, and
March 2020
Healthy treat or misleading deceit? ACCC intends to crackdown on misleading claims in food marketing
In February 2020, the Australian Competition and Consumer Commission (ACCC) released its compliance and enforcement policy and priorities for 2020. Amongst the ACCC’s key enforcement priorities will be a focus on misleading conduct in relation to the sale and promotion of food products, including health and nutritional claims, credence claims and country of origin claims. This enforcement priority has been driven by what ACCC Chair Rod Sims refers to as “the growing community attention to health-related issues”.
UPDATE: Canadian Intellectual Property Office further extends all deadlines to May 1st
In response to the continuing disruption caused by the COVID-19 outbreak, the Canadian Intellectual Property Office (CIPO) has announced on March 27, 2020 a further extension for filing deadlines – all deadlines ending in the month of April 2020 will…
Mitigating Advertising Risks During the COVID-19 Crisis
During this time of crisis, pharmaceutical and consumer product companies along with retailers are doing their best to provide the public with products to prevent and treat COVID-19. At the same time, the FTC and FDA have announced that they…
Allen v. Cooper: Supreme Court Confirms States Can Not Be Sued For Copyright Infringement
In an unanimous ruling, the United States Supreme Court held that copyright owners cannot sue states for copyright infringement when states have copied or made use of their works without their consent. Sovereign immunity shields the states from any such…
Online Brand Management: Avoiding Toxic Social Influencers
Online brand protection must be taken into consideration, particularly when faced with changing consumer behavior, market uncertainty and rampant misinformation. Social influencers with large audiences that value their opinions on consumer products and health regimes are a valuable tool for…
Response from Canadian Courts to COVID-19
Please see our updated version of this article, published July 10, 2020.
We know you have a lot to think about and plan right now and over the next few weeks. You can rely on us to keep your intellectual…
UPDATE ON COVID-19 : CIPO announces extensions in wake of outbreak in Canada
Given the many challenges faced by all businesses in dealing with the COVID-19 outbreak, the Canadian Intellectual Property Office (CIPO) has advised that it will relax filing deadlines for the remainder of March 2020. This decision was first announced on…
U.S. Copyright Office: New Fees and New Technologies
If your business discovered that its revenue covered only 70% of its costs, it would be time for a re-examination of operations, both in terms of revenues and costs. The Copyright Office has issued some rule changes affecting both.
New Fees
According to the U.S. Copyright Office’s notice in the February 19, 2020 Federal Register (85 Fed. Reg. 9374, 9375), historically, the fees collected by the Copyright Office covered only 60% of its costs, and, more recently, only 70% of its costs. It has announced a new fee schedule, which includes many higher fees, some lower or unchanged fees, and some new fees. The new fee schedule goes into effect on Friday, March 20, 2020.