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
Want to Save Money? Address Your Trademark Issues Now.
For the first time in nearly three years, the USPTO will be adjusting its fees for Trademark Registrations and for filing fees related to proceedings involving the Trademark Trial and Appeal Board (TTAB). Some fee increases are minimal (e.g., only about 10% increase to file an ex parte appeal). However, other fee increases are substantial,
FTC Takes Action Against Purported COVID-19 Supplement
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 “Thrive,” which was advertised as being
Beware of Online Scammers
The Federal Trade Commission (FTC) has reported a three-fold increase in consumer reports about scams arising on social media since last year as well as a spike around the time the COVID-19 pandemic began. This includes reports about buying products that never arrived and about scams involving romance, economic relief, or income opportunities, which became
Athletes and Sports Entities Seek Trademarks Related to COVID-19
In the COVID-19 era, sports leagues have had to come up with creative ways to move forward with their seasons in a safe and stable environment. The solution for multiple leagues has been to create a “bubble,” in which athletes only interact with other athletes and approved team and league personnel. Essentially, how it works
FTC’s Cooling-Off Rule
The Federal Trade Commission (FTC) has a “Cooling-Off Rule” that gives consumers a three-day right to cancel a sale made at their home, workplace, or dormitory, or at a seller’s temporary location, like a hotel or motel room, convention center, fairground, or restaurant. Thus, the Rule applies both to in-home presentations and to in-person seminars
Federal Circuit: TTAB’s Decision to Enter Judgment as a Discovery Sanction was Appropriate
On August 5, 2020, the United States Court of Appeals for the Federal Circuit affirmed the TTAB’s decision to cancel a trademark registration for the mark HOLLYWOOD BEER as a discovery sanction for the registrant’s repeated, frivolous filings and failure to comply with discovery orders.
In August 2015, Hollywood Vodka, LLC (“HVL”) filed
Redskins Changing Team Name/Logo
As a surprise to many, the Washington Redskins recently announced that it will be changing its 87-year old name. This decision comes after recent events that sparked nationwide discussions about race and caused various corporate sponsors to exert pressure on the Redskins’ organization. But it also comes after years of the Redskins fighting to protect
Animal Rescue Groups May Proceed With Unfair Competition Claims
An update from Jennifer Madaras, one of the firm’s summer associates:
A California federal judge has ruled that two animal rescue groups can proceed with unfair competition claims against numerous defendants accused of misusing the word “rescues” when advertising dogs they purchased from breeders and puppy mills.
The plaintiffs asserted claims under both state and
Branded Face Masks – New Opportunity?
Something we may never have thought would take off – branded face masks – are now on the rise. With CDC recommendations and state/local orders recommending or even requiring employees (and sometimes even all citizens outside of their homes) to wear masks, businesses have an unexpected yet significant marketing opportunity to present their brand in