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
Mayura Noordyke (US)
Redskins won’t join Slants’ trademark case at SCOTUS
By Mayura Noordyke (US) on
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.…
UPDATE: SCOTUS will review ban on offensive marks
By Mayura Noordyke (US) on
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…
Can You Trademark a Hashtag?
By Mayura Noordyke (US) on
#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…
Social listening – are you ready?
By Mayura Noordyke (US) on
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…
CPB expands information sharing to address counterfeit imports
By Mayura Noordyke (US) on
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…
Medical device exemptions to the prohibition on circumvention (Part 2 of 6)
By Mayura Noordyke (US) on
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…