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
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
Feds Continue to Target Companies Marketing COVID-19 Products
Nearly every week it seems as though the Federal Trade Commission (FTC) is sending out a new round of warning letters to companies marketing products and therapies as effectively treating or preventing COVID-19. We previously wrote blog posts here and here about sets of such letters, and our colleague, Marissa Koblitz Kingman, recently wrote
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”
The TTB Modernizes Alcohol Labeling and Advertising Regulations
On April 2, 2020, the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) issued a final rule, Modernization of the Labeling and Advertising Regulations for Wine, Distilled Spirits, and Malt Beverages. While it does not require any current labels or advertisements to be changed, the rule is intended to give more flexibility to industry members