Every day we are inundated with countless advertisements. TV ads, radio ads, internet ads, billboard ads. But have you stopped to think, what exactly qualifies as an advertisement? Luckily for us, the National Advertising Division (“NAD”) recently issued a decision that sheds some light on exactly how broad agencies monitoring the advertising industry view “advertising.”

Can landlords, whose tenants infringe on others’ trademarks, be held liable for trademark infringement? According to the 11th Circuit, the answer is yes. In Luxottica Group v. Airport Mini Mall, LLC, the 11th Circuit determined that a landlord whose tenants sell counterfeit goods can be liable for contributory trademark infringement if the landlord either

Most people, attorneys and non-attorneys alike, have heard of consumer protection agencies like the Federal Trade Commission, or FTC. Likely fewer, however, have heard of the National Advertising Division, or NAD. In short, the NAD operates as the advertising industry’s internal regulatory agency. The NAD monitors truthfulness and accuracy in advertising, and even foresees a

Fellow Fox attorney Melissa E. Scott recently published an alert discussing newly proposed trademark legislation. The proposed legislation, titled the Trademark Modernization Act of 2020, could lead to a number of changes to the Lanham Act, and would seek to combat fraudulent trademark filings and better protect the public from confusing a product’s source.

For

This week, the United States Supreme Court may have made it considerably easier for a trademark owner to recover lost profits from a trademark infringer. Specifically, the Court answered the question, posed in Romag Fasteners, Inc. v. Fossil Grp., Inc., of whether the Lanham Act requires a “categorical” rule that only a willful infringer must

In this day of online consumerism, the success of a product can change drastically with a simple addition, or subtraction, of a “star.” In October of 2018, a whistleblower shed light on the drastic measure one particular company, Sunday Riley Skincare, had taken to ensure its products’ “stars,” and their corresponding success, remained as high