By Heather Dunn
Earlier this year the Federal Trade Commission (FTC) issued an in-depth Q&A on its Endorsement Guides, making very clear that any “material connections” between endorsers and a brand must be disclosed alongside an endorsement. Endorser disclosures are the advertiser’s responsibility, and the FTC will generally pursue the advertiser and its advertising agencies for violations. This means companies must provide appropriate training to their endorsers, and must monitor their activities. As a recent FTC letter indicated, doing so can provide great benefit, even when things go awry.
By Eunice R. Chung and Naomi E. Abraham
The Asian Pacific American Bar Association of the Greater Washington, D.C. Area, Inc. (“APABA-DC”) held its 2015 Awards and Installation Gala on September 25, 2015 at the National Museum of Women in the Arts in Washington, DC. As the oldest and largest association of Asian Pacific American attorneys in the Washington, D.C. area, APABA-DC has been at the forefront of the professional growth and advancement of the Asian American legal community, and the cultivation of the Asian Pacific American (“APA”) community. Continue Reading
BY CHRISTINA MARTINI AND VIRGINIA WOLK MARINO
In the challenging and complex world of life sciences product development, choosing a brand that survives the US Patent and Trademark Office and US Food and Drug Administration clearance processes are critical. Brand names in this industry are subject to heightened scrutiny because confusingly similar names may lead to medication error and patient harm. The proliferation of brands in this field, combined with financial and public relations consequences of a potential rebrand in the event of infringement, have made selecting a brand riskier than ever. Continue Reading
By Ann Ford and Ashley Green
Yesterday we received multiple unsolicited emails from the “Customer Service Department” at Legal Force Trademarkia (“Trademarkia”) with the subject line: [Your] trademark is Cancelled with the USPTO, do you wish to Re-Apply? The emails went on to inform that a trademark filed on behalf of one of our purported clients had been canceled, and offered assistance in refiling the application for a discounted flat fee: Continue Reading
By Mark O’Conor and Elliot Katz
Among the fastest growing sectors in the industry of smart things is the connected car. No longer a simple way from point A to point B, cars now comprise a computer, cell phone and camera all rolled into one motorized package. Because these cars collect and transmit significant amounts of data, and can access sensitive information on drivers’ (and passengers’) cell phones, many vehicle owners are asking what lies ahead for their personal privacy. Continue Reading
By Chris Bennett
Hockey players are taught a fundamental lesson at an early age: when you have the puck, keep your head up or you could end up in a world of hurt. Continue Reading
By Tamar Duvdevani
Trademark holders of kitchen pots, garden weed control products, and Mary Jane shoes beware: your trademark registration may be refused as deceptively misdescriptive to the extent TTAB holds that a reasonably prudent consumer would believe that your products relate to marijuana. Continue Reading
By Airina Rodrigues and Kerry O’Neill (New York)
A significant theme of this issue of Law à la Mode is fashion retailers’ increasing embrace of new technological innovations in the areas of Big Data and the Internet of Things (IoT) to better communicate with and respond to customers in a personalized and intimate manner, as well as to more effectively streamline their own business processes – for example, improving inventory and supply chain management. The myriad of legal issues associated with such new and exciting innovations are discussed elsewhere in this issue. This article focuses on how retailers can better allocate and mitigate risks arising from the brave new world of Big Data.
By Michal Orzechowski and Anna Zielkiewicz (Warsaw)
In December 2014, Poland finally implemented Directive 2011/83/EU on consumer rights by the adopting the Act on Consumer Rights (AOCR). The AOCR is the first comprehensive legal act which harmonizes consumer rules in several important areas in order to adapt Polish law to ongoing changes in the consumer environment.
By Melissa Reinckens and Matt Ganas (New York)
For some time now, sports apparel as a category has been outpacing the growth of the overall retail industry. Market research company NPD Group reported a boom in the activewear sales in 2014 relative to the sluggish retail market. As recent trends in consumer demand spell dollar signs for sports apparel retailers, companies seek creative ways to secure exclusive rights in their products through intellectual property protection.