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U.S. Supreme Court Rules Trademark Act Disparagement Clause is Unconstitutional

By John Nading, David Kramer, James Stewart, and Alberto Zacapa The Supreme Court today struck down the disparagement clause of the Lanham Act as facially invalid under the Free Speech Clause of the First Amendment, affirming the decision of the Court of Appeals of the Federal Circuit.  This outcome in Matal v. Tam is a victory … Continue Reading

FRAGMENTED SOLUTIONS FOR CLOUD ARE IMPACTING TRUST, FINDS DLA PIPER STUDY

By Laura Brooks DLA Piper has conducted a study on behalf of the European Commission investigating the legal framework for cloud contracts. The study provides guidance to the European Commission on existing laws, case law and administrative guidance applicable to cloud computing contracts in 27 EU Member States and the U.S. level. The study investigates … Continue Reading

Law à la Mode – Autumn 2013

The DLA Piper Fashion, Retail and Design group distributed the 11th edition of “Law à la Mode” to over 1000 clients.  Special thanks to all who contributed to this edition, especially the U.S. Editorial Team, which consisted of Ann Ford, Gina Durham, Tamar Duvdevani, Radiance Harris, Kiran Gore, Melissa Reinckens, and Airina Rodrigues. Please click … Continue Reading

DLA Piper attends APABA-DC 2013 Awards and Installation Dinner

The Asian Pacific American Bar Association of the Greater Washington, D.C. Area, Inc. (“APABA-DC”) held its 2013 Awards and Installation Dinner on September 12, 2013 at the National Press Club in Washington, DC.  As “the oldest and largest association of Asian Pacific American attorneys in the Washington, D.C. area,” APABA-DC has been the forefront of … Continue Reading

Third Circuit Rejects EA’s First Amendment Defense to College Athletes’ Right of Publicity Claims

Reposted from DLA Piper’s Sports, Media and Entertainment Blog By Frank Ryan, Richard Flaggert, Matthew Ganas and Rebecca Smock On May 21, 2013, the US Court of Appeals for the Third Circuit held that the First Amendment does not shield Electronic Arts, Inc. (EA) from right of publicity violations alleged in connection with its depiction … Continue Reading

Florida’s Revised Promotions Law Prohibits Non-Profits From Offering Contests or Sweepstakes

By Radiance W. Harris On April 10, 2013, Florida revised several provisions of its game promotion statute, which will likely change how for-profit brands and non-profit entities offer contests and sweepstakes within the State and to its residents. In particular, these revisions include: • A game promotion can only be operated by a for-profit organization … Continue Reading

FTC issues new guidance for advertising and marketing in the online and mobile world

Repost from E-Commerce and Privacy Alert By Scott W. Pink On March 12, 2013, the Federal Trade Commission issued its long-awaited update to its 2000 guidance on disclosures in online marketing and advertising. The guidance, entitled .com Disclosures: How to Make Effective Disclosures in Digital Advertising, not only reaffirms many of the FTC’s longstanding principles … Continue Reading

Tunisian Attorney Talks Trademarks, Franchising, and the Benefits of Understanding the Legal Systems of Other Countries

Over the past two weeks, the Trademark, Copyright, and Media Practice Group in Washington, D.C. hosted Afef Mars, a licensed Tunisian attorney, who came to the United States to gain a better understanding of U.S. law with particular focus on the areas of trademarks and its role in franchising.  We took advantage of the opportunity … Continue Reading

DC Bar’s “For the Love of Fashion: Protect Yourself” Event

Last night, we attended a DC Bar fashion law panel discussion, “For the Love of Fashion: Protect Yourself,” at Baker Hostetler in Washington DC. It was a very informative and comprehensive discussion from in-house and outside counsel, including DLA Piper’s Lisa Norton, who is Of Counsel in the Patent Prosecution group, on trademark, copyright, and patent … Continue Reading

Kardashians’ Embroiled In Trademark Disputes Over KHROMA

By Erin Wright Lothson The famous Kardashian sisters are making news again, but this time not for their well-known reality television show Keeping Up With the Kardashians. Kim, Kourtney and Khloe Kardashian launched a line of personal care and makeup products in 2012 under the mark KHROMA, and their beauty care products are currently sold … Continue Reading

Texas revises its trademark act − should you apply for a Texas-registered trademark?

By Meghan Paulk Ingle A Texas-registered trademark can protect your company’s name, logo or slogan from use by another business in Texas. Texas trademark registration generally offers a simpler, faster and less expensive alternative to federal trademark registration for businesses that operate solely within Texas and do not plan to expand outside of the state. … Continue Reading

Librarian of Congress Issues New Digital Millennium Copyright Act Exemptions

By Erin Wright Lothson The Digital Millennium Copyright Act (“DMCA”) was passed in 1998 and makes it illegal to circumvent digital rights management protections, including software. Given the rapid pace at which technology changes, Congress also granted the Librarian of Congress the power to issue exemptions to the DMCA every three years. The latest round … Continue Reading

DLA Piper Gathers in Schaumburg for IPT Retreat

This past weekend, over 200 DLA Piper attorneys traveled to Schaumburg, Illinois for the Intellectual Property & Technology (IPT) Practice Group Conference (“Conference”). The Conference’s theme was “Celebration and Commitment.” This three-day event focused on networking across offices, celebrating the achievements of the IPT practice, and committing to goals to expand and improve the IPT … Continue Reading

Beyonce and Jay-Z’s “Blue Ivy Carter” Trademark Still Has Chance

Media outlets have been buzzing over the purported denial of Beyonce and Jay-Z’s BLUE IVY CARTER trademark.  On October 16, 2012, the United States Patent and Trademark Office (“USPTO”) granted a federal registration to Veronica Morales, a Boston-based wedding planner, for the trademark BLUE IVY (U.S. Registration No. 4224833) covering event planning services. Morales, who claims … Continue Reading

NEW TECHNOLOGY GIVES RISE TO MADONNA COPYRIGHT CLAIM

By James Stewart Madonna is the center of attention again regarding alleged misappropriation (remember the “Express Yourself” debate?).  The “Material Girl” is once again en vogue on the copyright docket in the Ninth Circuit.  According to IPLaw360, record label VMG Saloul LLC has sued Madonna, her record label, and a co-composer (collectively, “Madonna”) with whom … Continue Reading

CONGRESSIONAL FALL FASHION MONTH

By James Stewart While New York has Fashion Week, September has proved to be Fashion Month in the Senate. On September 10, 2012, Senator Charles Schumer (D-NY) introduced S.3523 the “Innovative Design Protection Act of 2012” (“the Bill”).  The Bill, aimed at extending intellectual property protection to fashion designs, was approved by the Senate Judiciary … Continue Reading

Dietary Supplement Industry Gets Compilation of NAD Decisions

By Sandra S. Pedersen The Council for Responsible Nutrition this week released a searchable database of every National Advertising Division decision since 2007 involving advertising for dietary supplements. The database includes the decision date, challenger, advertiser, product, category of supplement, type of claim, examples of the challenged claims, and referral status. There are 140 cases … Continue Reading

Both Sides Claim Victory as 2nd Cir. Upholds Louboutin’s Mark, Says YSL Didn’t Infringe

My September 5, 2012 article, “2nd Circuit Says Yes to Louboutin’s Red Sole Trademark,” poses the question: “is this decision a true victory for Louboutin or YSL?”  Tamlin H. Bason’s article in Patent, Trademark & Copyright Law Daily seems to suggest that both sides are claiming victory.  ****** Reproduced with permission from Patent,Trademark & Copyright … Continue Reading

Avoiding Illegal Lotteries in Social Media Promotions

Companies are becoming increasingly innovative in promoting and conducting contests and sweepstakes via social media sites such as Facebook, Twitter, Pinterest, and Instagram.  However, companies engaging in social media contests or sweepstakes must ensure that their promotions are in compliance with federal and states laws as well as the specific platform guidelines, and be particularly … Continue Reading

2nd Circuit Says Yes to Louboutin’s Red Sole Trademark

Right on time for New York’s Fashion Week, the United States Court of Appeals for the Second Circuit ruled today that “Louboutin’s trademark, consisting of a red, lacquered outsole on a high fashion woman’s shoe” has acquired secondary meaning as a distinctive source-identifier for Louboutin’s luxury brand.  More than one year after a U.S. federal … Continue Reading

New Technology, Privacy and Sourcing Blog: Technology’s Legal Edge

Reposted Client Alert  We are delighted to introduce DLA Piper’s newest blog, Technology’s Legal Edge™, which addresses the global issues facing companies in the areas of e-commerce and social media, IT sourcing, outsourcing, and privacy and data security. We offer timely legal perspectives on cutting-edge issues in these dynamic areas of law. Contributing to the blog … Continue Reading

ICANN ANNOUNCES “REVEAL DAY” FOR NEW GTLD PROGRAM

By John Wilks and Damian Herrington, DLA Piper UK The Internet Corporation for Assigned Names and Numbers (ICANN) has just announced that the target “Reveal Day” for its new generic Top Level Domain (“gTLD”) program – the day when the list of gTLDs that have been applied for is announced – will be 13 June 2012. … Continue Reading
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