In a decision issued last month, the National Advertising Division (âNADâ) determined that the use of emojis in an advertisement is enough to constitute a claim. Stokely-Van Camp, the manufacturer of Gatorade challenged four of BodyArmorâs express claims which were made in a social media post. In the video, Baker Mayfield, BodyArmor endorser and Cleveland
Maliya G. Rattliffe
USPTO Works to Fight Fraud
By Maliya G. Rattliffe on
Since the start of the Covid-19 pandemic, the United States Patent and Trademark Office (USPTO) has seen a surge in trademark filings by 40%, which is the greatest number of new applications in trademark history. This rise in filings can at least partially be attributed to foreign entities. Many foreign manufacturers that want to sell…
Is it Actually “Made in USA”?
By Maliya G. Rattliffe on
Recently, the Federal Trade Commission (âFTCâ) issued a new rule to prevent âMade in USAâ labels from being used fraudulently. This new rule codifies the FTCâs policy which requires products which are labeled as âMade in USAâ, to be supported by proof that all or virtually all of the product is made in the United…
The FDA Makes Plans to Update the definition of “Healthy”
By Maliya G. Rattliffe on
Last week, the U.S. Food and Drug Administration (âFDAâ) announced that it will be conducting research in conjunction with a new rule they plan to roll out. The FDA update is located here. Â This proposed rule would update the definition of âhealthyâ and create a symbol for the âhealthyâ nutrient content claim. These updates…
Major Changes to Trademark and Copyright Law Included in Massive Stimulus Package
By Maliya G. Rattliffe on
Two of our colleagues, Patricia Flanagan and and Alex Braunstein, recently wrote an alert on trademark and copyright changes that have been included in the most recent stimulus package. The Consolidated Appropriations Act of 2021, which was signed into law on December 28th, makes significant changes to American intellectual property laws via…
PTO Offers Guidance Following the Decision in USPTO v. Booking.com
By Maliya G. Rattliffe on
Last month, the U.S. Patent and Trademark Office (PTO) issued a guidance document describing how they plan on following the Supreme Courtâs recent decision in U.S. Patent and Trademark Office v. Booking.com. You can read our previous blog post about this decision here. This document serves as a roadmap for how the PTO…
FTC Takes Action Against Purported COVID-19 Supplement
By Maliya G. Rattliffe on
Since the COVID-19 pandemic began, the Federal Trade Commission (FTC) has cracked down on companies purporting to sell products that can alleviate or prevent symptoms of COVID-19. Recently, the FTC announced its approval of a final administrative consent order that settled charges against a marketer of a supplement called âThrive,â which was advertised as being…