Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. This is highlighted in the case of Hermès International v. Mason Rothschild, currently pending in federal district court in New York. In this case, Hermès claims that … Continue Reading
False claims of use and fake specimens of use have bedeviled the US Patent and Trademark Office (USPTO) and legitimate trademark owners for many years. The Trademark Modernization Act of 2020 (“TMA”) — part of the COVID-19 relief legislative package signed by President Trump on December 27, 2020 — provides significant relief for trademark owners’ … Continue Reading
On June 30, 2020, the U.S. Supreme Court ruled that Booking.com was not a generic term and could be eligible for federal trademark registration.[1] This 8-1 ruling overturned the “sweeping rule” of the U.S. Patent and Trademark Office (“USPTO”) that the combination of a generic word and .com is generic and thus not eligible for … Continue Reading
The Supreme Court arguments in USPTO v. Booking.com B.V.[1] on May 4, 2020, marked a historic first: the Supreme Court held oral arguments remotely, by telephone. As a result, lawyers and Supreme Court enthusiasts were able to listen to the argument in real time. Further, both the Petitioner USPTO and the Respondent Booking.com were represented … Continue Reading
On April 23, 2020, the Supreme Court ruled that a trademark owner may recover an infringer’s profits under the federal Lanham Act without having to prove that the trademark infringement was “willful.” The ruling, in Romag Fasteners, Inc. v. Fossil Group, Inc. (Docket No. 18-1233), resolved a split among the Circuit Courts on this issue. … Continue Reading
Other Squire Patton Boggs articles on the SPB Coronavirus Hub have highlighted the many remedial provisions of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020. Intellectual Property owners were not left out. Section 12004 gives the Director of the Patent and Trademark Office (PTO) the authority to “toll, waive, adjust, or modify” … Continue Reading
On March 24, 2020, the US Patent and Trademark Office (“USPTO”) launched the “Expanding Innovation Hub” (“Hub”), a centralized online platform to make the patent process more accessible to diverse inventors. USPTO Director Andrei Iancu and Deputy Director Laura Peter described the Hub as part of the USPTO’s efforts to “inspire more women, minorities, veterans, … Continue Reading
On January 28, 2020, the US Federal Trade Commission will hold a public workshop on voice cloning technologies. As the federal agency charged with protecting consumers from fraudulent and deceptive marketing practices, the FTC workshop will review the potential misuse of voice cloning technologies as well as its benefits. The workshop will include three panel … Continue Reading
The U.S. Federal Trade Commission (“FTC”) continues to focus on influencer advertising, as part of its consumer protection mission. On November 5, 2019, the FTC released an instructive “Disclosure 101” Guide and “Advice for Social Media Influencers” video to help influencers understand their legal obligations when they are spreading their influence through social media posts, … Continue Reading
On June 24, 2019, the US Supreme Court invalidated the Lanham Act’s ban on registering “immoral or scandalous” trademarks. In Iancu v. Brunetti, the Court held that that the ban, in Section 2(a) of the Lanham Act, violated the First Amendment because it required the Government to discriminate against certain viewpoints: marks considered to have … Continue Reading
On April 9, 2019, my IP colleagues Kerry Lee and Matt Jones published an informative post about using the ® and ™ trademark symbols – which are internationally used and recognized to signal trademark registration. As their post had a UK perspective, we thought it would be useful to provide a US perspective as well. … Continue Reading
The Copyright Act often seems to lag behind technology, with infringements rampant on the Wild Internet. Not so, as was evidenced by the robust discussions at the third public meeting on Developing the Digital Marketplace for Copyrighted Works, hosted by the US Department of Commerce’s Internet Policy Task Force on March 28, 2019. The Internet … Continue Reading
Yesterday, the U.S. Supreme Court ruled in Matal v. Tam, 15-1293 (June 19, 2017), that the First Amendment of the U.S. Constitution prevents the U.S. Patent and Trademark Office (“PTO”) from declining to register trademarks deemed offensive or disparaging. While the decision concerned the PTO’s rejection of an application to register the name of the … Continue Reading
Please click here to read the latest data privacy alert from the Squire Patton Boggs Data Protection & Cybersecurity team. This week’s alert covers news from France, Germany, the UK and the US. France French Data Protection Authority Launches Discussion Group Germany ZITiS Starts Work in Munich UK ICO Responds to Ofgem’s Call for Evidence on … Continue Reading
For those of us who wonder how that Dream Vacation ad follows us from our initial Google® search on our PC to our subsequent iPad searches: the US Federal Trade Commission (FTC) Staff Cross-Device Tracking Report has some answers, as well as some advice. Released on January 23, 2017, the Report gives insight into legal … Continue Reading
A recent Federal Trade Commission (FTC) settlement is a reminder that companies should make sure that they live up to their privacy policies and that their opt-out procedures work as promised. If not, the FTC is likely to claim that the company violated Section 5 of the FTC Act by engaging in unfair and deceptive … Continue Reading
Please click here to read the latest data privacy alert from the Squire Patton Boggs Data Protection & Cybersecurity team. This week’s alert covers news from: EU EU Council Adopts the Network and Information Security Directive The Court of Justice of the EU Advises that IP Addresses are Personal Data France The CNIL Publishes Blanket … Continue Reading
Mobile apps that collect and report health-related data have increased consumers’ knowledge and tracking of their individual health issues in inventive ways– a consumer can count her daily steps and caloric intake, monitor blood pressure, and track many other variables. Some apps are interactive and are capable of transmitting data to health professionals—or other third … Continue Reading
The presidential campaign is well underway in the U.S., even though the election is over 6 months away. Many candidates reach out to the public through automated phone calls or texts, often referred to as “robocalls,” and prerecorded voice calls. To remind candidates and their campaigns that those calls and texts are regulated under the federal … Continue Reading
A bill recently introduced in the US Senate, the Cybersecurity Disclosure Act of 2015 (S. 2410), is additional evidence that cybersecurity and data protection should be viewed as critical issues in corporate governance. The legislation has not been passed, but is under review by the Senate Banking Committee. The bill would apply to “public companies,” … Continue Reading
The .SUCKS registry is perhaps the most controversial of the new generic top level domains (gTLDs), which the Internet Corporation for Assigned Names and Numbers (ICANN) has continued to roll out. Trademark owners should be aware of the .SUCKS registry and factor it into their trademark protection strategy. Yet the first “sucking” noise brand owners … Continue Reading
Following President Obama’s December 2014 announcement of a relaxed policy towards Cuba, many companies await the opening up of the Cuban market. Some steps can be taken now to protect a company’s valuable trademarks and other IP in Cuba. An exception to the long-standing US embargo on trade with Cuba permits US companies to file … Continue Reading
The U.S. Federal Trade Commission (the “FTC”) is the federal agency that is charged with enforcing laws to protect consumers against fraudulent, deceptive, and unfair business practices. We recently reported on actions taken by the FTC to protect children’s online personal information, as well as “Operation Full Disclosure,” which is an effort by the … Continue Reading
Instead of “Hail to the Redskins” –the traditional fight song of the Washington Redskins Football Team – it has been “hailing on the Redskins” at the U.S. Trademark Office. On June 18, 2014, the Trademark Trial and Appeal Board (TTAB) ordered the cancellation of federal trademark registrations for six REDSKINS marks. Blackhorse v. Pro-Football, Inc. (TTAB … Continue Reading
