TCAM Today

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Posts by TCAM Today


USPTO Warns of New Email Scam

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The United States Patent and Trademark Office (USPTO) recently released a warning regarding email scams targeting owners of trademark applications and registrations.  Unfortunately, misleading notices and solicitations are nothing new for those experienced with filing applications with the USPTO.  Because filings with the USPTO are public, private companies are able to gather the contact information of trademark applicants and registrants.  They use this information to send misleading letters and emails asking brand owners for substantial fees in order to renew or maintain trademark applications and registrations.  These companies often go by names that sound like official government agencies, which increases the confusion and the likelihood that brand owners will be duped into responding to the solicitations.

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Trademark Trolls – A Danger to Avoid with a Re-brand

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Amidst public criticism and pressure from corporate sponsors, many well-known brands are taking a hard look at their trademarks and choosing to move in a new direction.  These changes are impacting brands in various industries from sports teams, like the currently unnamed Washington NFL team, to retailers, like Trader Joe’s.  While appeasing the call for change, an unfortunate consequence with which these brand owners must deal are trademark trolls.

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COVID-19 Impacts on the Copyright Office: What Does It Mean for Mergers and Acquisitions?

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Like much of the federal government, the U.S. Copyright Office (the “Office”) is adjusting its practices and procedures in response to the COVID-19 pandemic.  Unlike registration and recordation with the U.S. Patent and Trademark Office, copyright registration and recordation regulations still require the submission of hard copy materials in many instances.  The Office’s technical infrastructure will not permit electronic filing of certain types of applications and cannot accommodate electronic submission of documents for recordation.  The Office has been closed since March 13, 2020, with registration specialists working remotely.  Hand deliveries are not accepted at this time; mail sent through the postal system or by commercial carrier is received at an off-site facility but will not be processed until the Office reopens.

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Faegre Drinker Goes Virtual to Combat COVID-19 Pandemic

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The Faegre Drinker Intellectual Property Team is committed to our clients and contacts during this difficult time. It was impossible to listen to the news of the last week and be unaffected as many ordinary things we take for granted changed so quickly. Because of the coronavirus pandemic, Faegre Drinker has asked our colleagues to work remotely until at least March 31, 2020. Like so many of you, our priority is protecting the health and safety of our colleagues, clients, visitors and their loved ones. We also want to do our part to contain the pandemic.

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Will New FTC Endorsement Guidelines Make A #Hashtag of Influencer Advertising?

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In a world where social media influencers can wield more power over consumers than network media buys, the Federal Trade Commission’s (FTC) Endorsement Guides felt increasingly like a relic from an earlier era. While not wholly ineffective, the FTC’s formal guidance to businesses on the use of endorsements and testimonials in advertising was still a policy with roots in the limited media environment of the 1970s, the decade when the Guides originated. There were no Instagram influencers, no sponsored posts, and no hashtags in 1980, when the Guides were finally enacted, and even cable television was in its infancy. And despite important and well-intentioned 2009 amendments crafted during the early days of social media, so much has happened in the intervening years that the Guides never seemed fully engaged with the radical implications of a marketing environment where blurring the lines between advertising and reality is more often a feature rather than a bug.

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Tips for Using Data Privacy Compliance to Enhance Your Brand

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Companies in 2020 must comply with more data privacy laws than ever before. Effective on January 1, the California Consumer Privacy Act (CCPA) contains the most complex data privacy compliance requirements in U.S. history. Some other states have their own requirements, and more states are following suit; many are considering data protection laws while their legislatures are in session.

Compliance with the CCPA and other relevant privacy laws and industry standards involves much more than a brief privacy law update and presents multiple opportunities for customer engagement. Consider using those opportunities to enhance your relationship with your customers. How companies handle consumer data has already become one way in which consumers evaluate whether to do or continue doing business with a particular company. Poorly handled data privacy issues quickly create negative customer experiences, online reviews, and bad press. Differentiate your company by handling customer data — and customer relationships — with intentionality and care.

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It’s Perfect! Or, Perfecting Security Interests in Intellectual Property

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In our recent post, we discussed the Seven Secrets of Security Interests relevant for owners or buyers of intellectual property.  But after an IP owner grants a security interest in intellectual property, how do you make it official?

Welcome to the mysterious world known as perfection.  That’s a fancy word for filing the right documents with the correct organizations so everyone knows that the lender has that security interest in intellectual property – and to make sure that the lender has priority over other parties who might have a future interest in the IP.

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FTC Releases New User-Friendly Disclosure Guidelines for Influencers

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The Federal Trade Commission (FTC) is not hitting “like” on your influencer engagement campaign, and is down-voting your disclosures.

Earlier this month, the FTC released important new guidance targeted at social media influencers, in language designed to be read by non-lawyers, framing an often confusing legal issue for the people who need to understand it the most: the influencers themselves. These new guidelines, “Disclosures 101 for Social Media Influencers,” were accompanied by a video “Do you endorse things on social media?”, and are designed to show influencers how and when they must disclose material connections to brands to their followers.

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Trademark Security Interests in Canada (Guest Post from Canadian Firm)

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We recently shared our Seven Secrets of Security Interests with some tips about security interests in IP registered in the U.S.  But often, U.S. IP goes hand-in-hand with trademarks, patents, and copyrights registered in Canada.  Should security interests against Canadian IP be treated the same as in the U.S.?

We asked our colleague Silvia de Sousa from Thompson Dorfman Sweatman LLP in Winnipeg, Manitoba to describe the basics of security interests involving Canadian trademarks (as well as patents and copyrights).  Silvia’s answers appear below.  Enjoy!

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Dot Your I’s and Cross Your T’s: Running a Successful Global Promotion

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“Running an international promotion can’t be that difficult, right? Won’t the same rules work everywhere?”

The rules for sweepstakes, contests, and other promotions vary dramatically by country, and sometimes by province or local jurisdiction. A promotion that is perfectly legal in the United States is not necessarily permitted in any other country – even a nation like Canada can have significantly different rules of the road, including registration requirements in Quebec. In short: assume nothing!

While it is crucial to consult with local counsel in each country to clear international promotions of any kind (and we rely on our network of foreign associates to confirm compliance with current local laws), we thought it would be useful to list a few of the interesting rules and regulations we have encountered in recent years while coordinating global promotions for our clients:

  • The promotion’s official rules and advertisements must appear in the local language. (Argentina, Canada, Norway, Russia, and many others)
  • Some countries make promotion winners responsible for taxes related to the prize (Malaysia), while other countries place the tax responsibility on the sponsor (e.g., Spain and Mexico).
  • Governmental authorities must pre-approve promotions. (Brazil)
  • Contestants must provide express written consent to the use of their images, and the Official Rules must specify where the image will be used. (Dominican Republic)
  • Only skill-based contests are permissible. (Israel, Sweden)
  • The rules must be filed with governmental authorities before the promotion commences, the sponsor must seek a bond, and local authorities must supervise the selection of winners. (Italy)
  • Local law specifies the maximum prize value for chance-based games. (Netherlands)
  • Proof of purchase promotions for chance-based games may be OK, but the sponsor cannot charge the entrant a fee to enter the promotion. (Australia)

This represents just a peek into some of the twists and turns you might encounter when structuring a global promotion – and the rules are changing all the time. As US lawyers, we cannot, and do not, offer legal advice in connection with the laws of other nations, which is why it is so important to have a network of lawyers around the world who can help a promotion comply across borders and cultures and legal systems. And remember: allow yourself plenty of lead time to confirm local requirements before you announce the promotion!