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Articles by Sandra Edelman
Highlights Part II of the Trademark Modernization Act of 2020: Ex Parte Expungement, Ex Parte Reexamination, and Non-Use Cancellation of Federal Trademark Registrations | Dorsey & Whitney LLP - JDSupra
As we wrote in Part 1 of this series, the Trademark Modernization Act of 2020 (“TMA”) was signed into law on December 27, 2020, and contained several significant amendments to the Lanham Act. This post will cover three of the legislative changes, all pertaining to the elimination of “deadwood” marks that clutter the register and create needless impediments to registration of new marks: (1) ex parte expungement; (2) ex parte reexamination; and (3) non-use cancellation.
FTC Announces Regulatory Review of Endorsement Guides – Changes and Enforcement Actions Will Likely Follow | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Wine Dispute Has No Legs: Trademark Opposition Alone Insufficient to Create a Justiciable Controversy for Declaratory Judgment Actions | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Trademark Practice Tip: How to Settle a Trademark Opposition Proceeding and Obtain Judgment Against the Applicant After an Application is Abandoned | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Andy Warhol's Prince Series Portraits Held Fair Use of Photograph | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Third Circuit Analyzes Work for Hire and Assignment Requirements and Explains Why the Distinction Matters | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Quirky Questions: Do All TTAB Deadlines Extend Through Weekends/Holidays? Practitioners Beware! | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Second Circuit Affirms Louis Vuitton Not Liable for Attorneys’ Fees in Parody Handbag Case | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Comparative Advertising Pitfalls – Consumers Shouldn’t Have To Do The Math | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
#COVFEFE – It’s a Thing, But Not a Trademark | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
TiVo Proves More than 15 Minutes of Fame to Succeed on Trademark Dilution Claim | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Fine Print May Not Be Enough to Avoid False Advertising Liability | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Registration of Color Trademarks on Product Packaging: The TTAB Lays Down Some Black and White Rules | JD Supra
JD Supra Privacy Policy Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Update – Trump Place Sign to Be Removed from NYC Building After Successful DJ Lawsuit | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
#HonestAds : A Wrap Up from the 2018 NAD Conference | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Second Circuit Goes Rogue – Reverses District Court on Priority of Common Law Rights in ROGUE Brand Apparel | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Trump Brand Loses Trademark Licensing Dispute – Rules of Contract Law Prevail | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
WTF? USPTO to Continue Refusing Scandalous and Immoral Marks…For Now | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
NAD Enters the Spin Zone – Salad Spinner Superiority Claim Found Unsubstantiated | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
OG v. OB-GYN: Dr. Drai Drops the Mic on Dr. Dre | JD Supra
Stop me if you’ve heard this one before: an OB-GYN you probably don’t know named Dr. Drai applies to register his name as a trademark and ends up in a dispute with famous rapper Dr. Dre because the rapper fears there will be confusion between the names. A three-judge administrative panel decides “DR. DRAI” looks and sounds like “DR. DRE,” and agrees that Dr. Dre is really famous and that his brand is strong and distinct, but ultimately rules that there’s no risk of confusion.
FTC Bugged by Unsubstantiated Mosquito Repellant Claims and Endorsements With Undisclosed Material Connections | JD Supra
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“Fastest Growing Brand” – Don’t Mix and Match Ad Claim and Substantiation | JD Supra
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Historical Fact or Creative Expression? Anastasia Copyright Dispute Proceeds to Trial | JD Supra
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Assembled in the USA – The FTC Confirms What’s Required | JD Supra
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An FTC Twofer - Made In USA Claims and Selfie/Self-Certification Marks
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Louis Vuitton Not Liable for Attorneys’ Fees in Case of Parody Handbags
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Another FTC Strike Against “Selfie” Certification Marks
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Consent Agreements - Not Always a Sure Path to Overcome Likelihood of Confusion Refusals in the USPTO
The Trademark Trial and Appeal Board recently affirmed a refusal to register the mark 8-Bit Aleworks for beer based on two prior registrations for the mark 8 bit Brewing Company for beer and other alcoholic malt beverages, notwithstanding a consent agreement entered into between the applicant and the prior registrant. The result in In re 8-Brewing LLC, (TTAB Oct.
The End of the Line for the Dirty Dancing Case
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FTC Seal of Disapproval for “Selfie” Certification Marks
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No Free Ride for Copycat Perfume Company - Fair Use Rejected, False Advertising Found, Accounting of Profits Awarded
Well-known perfume marketer Coty Inc. had a big win in New York federal district court, obtaining injunctive relief and $6.5 million dollars in an accounting of profits from copycat perfume seller Excell Brands, LLC.
The Latest Influencer Advertising Tips from the FTC - When, How & Where to Make Effective Disclosures
As we blogged about earlier this month, the FTC seems to have spent much of its summer checking out influencer advertising and focusing its attention on those who fail to make the necessary disclosures of material connections to the products and services they endorse. This resulted in the first-ever complaint against an individual influencer and a round of follow-up warning letters to various influencers.
The FTC Throws Shade at Influencer Bruhs Who Failed to Disclose Material Connections
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Who Owns that Trademark? An Incomplete Answer Voids Application
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Tea Rose, Swiss Cheese and Slam Dunk Evidence of Infringement - The 9th Circuit Weighs in on Remote Geographic Trademark Users
When two different companies adopt confusingly similar trademarks and use them in different parts of the United States, complications ensue. The adjudication of the respective rights of the parties will depend on the geographic extent to which the marks have become known to customers and will also be affected by whether and when either or both parties applied for federal registration after commencing unregistered use of their marks.
Endorsement Disclosures on the Front Burner Again at the FTC
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Updated FTC Guidance on Endorsements and Testimonials in Social Media Advertising - Does Your Advertising Pass Muster?
In recent years, companies have increasingly relied on social media platforms to promote their products, often featuring testimonials and endorsements from consumers and public figures as well as other user-generated content.
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