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
Proposed Legislation Could Lead to Changes in Lanham Act
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
Trademark Owners Rejoice: Profit Recovery Possible Without Showing Willfulness
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
National Advertising Division Creates Fast Track Program
In a break from issues relating to the coronavirus, the Better Business Bureau’s National Advertising Division (NAD) has recently instituted a quicker dispute resolution process, called Fast-Track SWIFT, with SWIFT standing for “Single Well-defined Issue Fast Track”.
As put by the NAD, Fast-Track SWIFT is an “expedited process for resolving simple, single-issue advertising disputes”
FTC Sends New Round of Warning Letters to Companies for Claiming Products can Treat Coronavirus
The Federal Trade Commission (FTC) recently announced that it had sent warning letters to ten additional companies for making claims that their products could treat or prevent coronavirus, which included 1) Bioenergy Wellness Miami, 2) Face Vital LLC, 3) LightAir International AB, 4) MedQuick Labs LLC, 5) New Performance Nutrition, 6) PuraTHRIVE LLC, 7) Resurgence
Can a State Ban Advertising Due to COVID-19?
The COVID-19 pandemic has resulted in dozens or hundreds of city, county, and state stay-at-home/shelter-in-place orders requiring closure of non-essential businesses across the county. Most if not all such orders exempt particular types of businesses, including stores selling groceries, medical supplies, and other necessities. Many also require specific social distancing, hygiene, and sanitization procedures for
Think Twice Before Applying for “Coronavirus” Related Trademarks
Whether it is a typo in a president’s tweet or simply the word “The,” trademark hopefuls are quick to jump at the opportunity to obtain a trademark in virtually any and all phrases. Recently, the terms “Coronavirus” and “Covid-19” are no different.
As the Covid-19 pandemic sweeps across both the world and the
FTC and FDA warn companies about making unsupported claims that products can prevent or treat coronavirus
As the effects of coronavirus continue to ripple across the globe, the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) have warned seven companies for purportedly “making deceptive or scientifically unsupported claims about their ability to treat coronavirus (COVID-19).” The FTC press release is located here. The FTC and FDA alleged that
COVID-19’s Effect on Advertising
By all accounts, and as predicated by multiple news outlets earlier this month, COVID-19 may have a substantial and chilling effect on advertising. Adweek, for example, wrote an article in early March predicting how the coronavirus would disrupt the global advertising industry, not merely by major events being cancelled but also by a potential decrease
FTC Seeks Comment on Endorsement Guides
Earlier this month, the Federal Trade Commission (FTC) announced that it had voted to seek public comment on its Guides Concerning the Use of Endorsements and Testimonials in Advertising. The FTC explains that the Endorsement Guides (as they are frequently called) provide guidance to ensure that endorsements and testimonials in advertising follow Section 5