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New Social Media Guidance for 2024 Olympians

The opportunity to compete at the Olympic Games represents one of the most honorable achievements of any athlete’s career. And while Olympians may have always been trailblazers in the world of sports, today’s competitors are more than just athletes – they are brand ambassadors, marketing representatives, and social media influencers. While an athlete’s ability to … Continue Reading

In TTAB Proceedings, Subpoenas Must be Issued by the Clerk of the Court

In Waterdrop Microdrink GmbH v. Qingdao Ecopure Filter Co., Ltd., the District Court for the Central District of California denied a motion to compel compliance with a subpoena relating to a Trademark Trial and Appeal Board (“TTAB”) proceeding, because the subpoena was never signed by the Clerk of the Court — despite the fact that … Continue Reading

Navigating the Regulatory Maze: Understanding the ASA Ruling re. Supreme CBD

Clear disclosure of an ad is of paramount importance in the advertising world, and we have discussed this previously in our blogs here and here. In the ever-evolving landscape of advertising regulations, the recent decision by the UK’s Advertising Standards Authority (ASA) regarding social media posts by former footballers in relation to Supreme CBD’s products … Continue Reading

Harmful gender stereotypes or a double standard? Calvin Klein and GIRLvsCANCER ads banned in the UK

The authors thank Zarah Bhatti for her contributions to this post. The UK’s Advertising Standards Authority (ASA) has banned two ads for breach of the rule prohibiting the use of gender stereotypes in advertising, which was introduced in 2019. We commented at the time that these restrictions were likely to see a rise in number … Continue Reading

Global Brand Protection – How to Manage an Anti-Counterfeiting Program

For every successful brand, it is critical to properly protect and to productively develop and use the underlying intellectual property (IP) in that brand to ensure its long-term growth.… Continue Reading

A Proposed Likeness Law Paves the Way for a New Federal Right of Action

In the age of generative AI, it is easier than ever to make an unauthorized AI replica of our favorite celebrities. Using AI algorithms, deepfake technology can create authentic-looking, fictional reproductions, making it quite difficult to spot the difference between a real and a fake. Many of us see AI generated songs and recordings on … Continue Reading

Federal Circuit Rules That Mark Cannot Be Cancelled Due To Fraudulent Incontestability Declarations

The Federal Circuit recently issued a decision with important ramifications on how petitions for cancellation due to fraud will be handled by the Trademark Trial and Appeal Board (“Board”) going forward. In Great Concepts LLC v. Chutter, Inc., the Court, with a 2-1 majority, found that the Board wrongly cancelled the registration of a trademark … Continue Reading

SPB’s Paolo Beconcini to Speak at Let’s Take Stock: The Evolution of Counterfeiting in Asia and the Importance of Intelligence and Intelligent Strategies

Our colleague and leader of the firm’s China Intellectual Property team Paolo Beconcini will be speaking at the upcoming INDICAM event Let’s Take Stock: The Evolution of Counterfeiting In Asia and The Importance of Intelligence and Intelligent Strategies.  Paolo will discuss how to protect your IP in China, sharing insights on the new trademark law … Continue Reading

Podcast: SPB’s Paolo Beconcini Covers Global Counterfeiting and the Importance of Protecting Your Brand in China

Counterfeiting is a global problem that affects a wide variety of entrepreneurs and innovators – from small businesses to global corporations.  Action in China can be an important tool for combating these problems.  Head of the firm’s China Intellectual Property team, Paolo Beconcini covers the complex challenges of fighting global counterfeiting for INDICAM (Italian Association … Continue Reading

The Rise of Influencer Marketing – Contractual Considerations

According to the UK’s Department for Digital, Culture, Media and Sport report on influencer culture, the global sector is expected to grow from $6.0 billion in 2020 to $24.1 billion by 2025, at a compound annual growth rate of 32%. Influencer marketing offers brands a unique opportunity to target and connect with online communities, using … Continue Reading

The Subvertising Movement: Protecting your Brand from “Brandalism”

The authors would like to thank Eben Kurtz for his valuable contribution to this post. Heard of the climate activists defacing advertisements, billboards and bus shelters? Brandalism is a recent anti-advertising movement which uses a brand’s own assets and marketing channels against the brand itself, through replacing legitimate advertisements with spoofs and parodies (known as “subvertising”). … Continue Reading

Ninth Circuit: Commercial Brand Names Can Be Expressive Speech

In Punchbowl, Inc. v. AJ Press, LLC, the Ninth Circuit affirmed a trademark win for upstart news outfit Punchbowl News. In doing so, the court held that First Amendment protection extends to the names of commercial enterprises. This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a … Continue Reading

UK Regulators Step up the Pressure on Influencer Marketing: Principles for Platforms, Brands and Content Creators

Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed. Indeed, the scale of the issue was highlighted in the Influencer Monitoring Report, published in March 2021 by another … Continue Reading

God Save the Queen’s Royal Warrant Holders

With gratitude to Heloise Morle for her contributions to this post. In a modern world of celebrity and influencer endorsements, there is arguably one endorsement that still trumps others: the Royal Warrant. The granting of an English monarch’s royal seals of approval dates back to 1155 – when King Henry II granted the Weavers’ Company … Continue Reading

China: Design Patents and the Metaverse

The concept of Metaverse as an online framework for economic interoperability was born in and around 2020. Since then, giant companies all over the world ― especially in the IT, entertainment and fashion businesses ― have begun to launch products and solutions related to the ever developing Metaverse. Fashion brands, artists and entertainers, among others, … Continue Reading

China: Recycled Packaging and Trademark Infringement, a Questionable Decision in the Tsingtao Beer Case

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. The smaller brewery was filling legitimately recycled Tsingtao bottles with their own beer. The recycled bottles did not bear the Tsingtao labels and marks, which … Continue Reading

China: Alternative Strategies to Trademark Enforcement against Parallel Import of Cosmetics by Unauthorized Sellers

E-commerce platforms are full of Chinese traders selling foreign cosmetic products they purchased at a lower price outside China. These branded goods are sold without the trademark owner’s consent for a much lower price than that of the official retailer. The consequences of such so-called “parallel imports” are well-known: the foreign brand and its official … Continue Reading

China: Metaverse and Chinese Trademark Filings

The Metaverse trademark hype is on. Companies are increasingly focusing their attention on developing Metaverses, and big brands are entering the Metaverse through gaming, social networks and virtual commerce. They need to also secure the appropriate IP rights to protect their brands in this emerging new virtual market place. Fashion brands are thus filing trademark … Continue Reading

Ongoing Challenges for Fashion Brands in Germany – Legal Issues with Style Names Revisited

Using first names as style names to assist consumers in distinguishing between certain items, styles or washes within a collection is a widespread practice in the fashion industry. Compared to numerical identifiers, names may trigger emotions and are much easier to remember. Style names may be used in manifold ways, e.g. on labels sewn in … Continue Reading
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