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Updates Regarding COVID-19 Impacts on Trademark Operations at the USPTO

Updated May 29, 2020 [Kelly Horein] On May 27, 2020, the United States Patent and Trademark Office announced updated measures granting relief for trademark owners impacted by the COVID-19 pandemic. The deadline extensions that the USPTO announced through previous notices will expire on May 31. The USPTO will now provide relief on a case-by-case basis … Continue reading “Updates Regarding COVID-19 Impacts on Trademark Operations at the USPTO”

Introducing TCAMToday – a Faegre Drinker℠ blog on T®ademark, ©opyright, Advertising & Media

Faegre Drinker Biddle & Reath LLP (Faegre Drinker) launched global operations on February 1, 2020. Faegre Drinker is the combination of Faegre Baker Daniels, an international law firm with deep roots in the Midwest, and Drinker Biddle & Reath LLP, a full-service national law firm with storied East Coast origins. With more than 1,300 attorneys, … Continue reading “Introducing TCAMToday – a Faegre Drinker℠ blog on T®ademark, ©opyright, Advertising & Media”

FTC Releases New User-Friendly Disclosure Guidelines for Influencers

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 … Continue reading “FTC Releases New User-Friendly Disclosure Guidelines for Influencers”

Datapocalypse Now: Will The CCPA Cancel Digital Advertising?

When people talk about data privacy, or data collection, or tracking technology, or analytics, or click farms, or bots, or data brokers, or geolocation, or mobile apps, or social media, or influencers, in the end what they’re really talking about is digital advertising. Yet while we may feel comfortable using the phrase to broadly describe … Continue reading “Datapocalypse Now: Will The CCPA Cancel Digital Advertising?”

Tech Brings Authentication Challenges In Ad And IP Cases

The ability of any individual, without access to sophisticated technology, to decipher the “authenticity” of any experience is diminishing daily. Moreover, this threat to the integrity of the law goes beyond digital impersonation and “deep fake” software driven by artificial intelligence. The famous Marx Brothers line, “Who ya gonna believe, me or your own eyes?” … Continue reading “Tech Brings Authentication Challenges In Ad And IP Cases”

Strategies for Squashing Sketchy Specimens

So your time-of-filing trademark watching service 1 warned you that someone filed a use-based application to register a mark that’s awfully close to your mark. You drill into their application file history and notice that their proof of use of their trademark looks like this:

Lee v. Tam: January 18 Panel Discussion on Supreme Court Oral Argument

On January 18, the Supreme Court will conduct oral argument in Lee v. Tam, a much-discussed case presenting a First Amendment challenge to the disparagement provision of Section 2(a) of the Lanham Act. The Supreme Court is reviewing a Federal Circuit en banc decision that the disparagement provision is unconstitutional. Later that day, the American … Continue reading “Lee v. Tam: January 18 Panel Discussion on Supreme Court Oral Argument”

Review of 2016 ANA/BAA Marketing Law Conference

This past weekend, the Brand Activation Association (BAA), a division of the Association of National Advertisers (ANA), held its 38th Annual Marketing Law Conference in Chicago, Illinois. The author, along with two other members of Drinker Biddle’s branding team, attended the conference, which is widely regarded as one of the top conferences on marketing and … Continue reading “Review of 2016 ANA/BAA Marketing Law Conference”

What to Know (and Ask!) When Opposing a Foreign Trademark Application

It’s a typical afternoon in the office. You’re taking a look at the watch notices your trademark watching service has recently forwarded for your review – when all of a sudden, you come across a third-party application filed outside the USA for a mark that looks an awful lot like one of your brands. So, … Continue reading “What to Know (and Ask!) When Opposing a Foreign Trademark Application”

Global Brand Protection – A 50,000 Foot View

So you’ve protected your trademark in the USA – nice work! But you have longer-term aspirations to take your business abroad. What are some things you should be thinking about now, or actions you should be taking? First, think about your long term brand goals. Once your goals are clear, take steps to understand the … Continue reading “Global Brand Protection – A 50,000 Foot View”

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A Faegre Drinker Blog on Trademark, Copyright, Advertising and Media

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