When marketing products or services to children, companies should be aware of applicable statutes and guidance and should be particularly cautious with their advertising claims.
Lanham Act & FTC Act
Continue Reading Marketing to Children
The Fox Rothschild Advertising, Trademark, & Copyright Blog
When marketing products or services to children, companies should be aware of applicable statutes and guidance and should be particularly cautious with their advertising claims.
Lanham Act & FTC Act…
Continue Reading Marketing to Children
Earlier this week, Under Armour filed a declaratory judgment action in Maryland federal court against Battle Fashions Inc. and Kelsey Battle seeking an order that Under Armour is not infringing…
Continue Reading “I Can” and “I Will” File a Lawsuit
In direct response to the U.S. Supreme Court’s decision striking down the constitutionality of section 2(a) of the Lanham Act, which as enacted barred the registration of disparaging trademarks, there…
Continue Reading Are Offensive Trademark Registrations on the Rise?
Amid the hullabaloo over the U.S. Supreme Court’s decision this week in Matal v. Tam, a much broader and potentially more significant development might be overlooked. It shouldn’t be.
Continue Reading Slanting Toward the End of the Commercial Speech Doctrine
This morning, the United States Supreme Court issued its long-anticipated ruling in the Lee v. Tam (now designated Matal v. Tam) trademark dispute involving the rock band, The Slants. …
Continue Reading SCOTUS Strikes Down Disparaging Trademark Ban
In April 2016, the FTC filed a Complaint against Dr. Joseph Mercola and his companies alleging that their indoor tanning system advertisements violated section 5(a) of the FTC Act, which…
Continue Reading FTC Secures Refunds for Indoor Tanning System Consumers
This morning, the United States Supreme Court heard the long-anticipated oral argument in the Lee v. Tam trademark dispute. The issue in the case, as reported on the SCOTUS blog…
Although a rose “by any other name would smell as sweet,” (Romeo & Juliet, Act II, sc. 2, ln 48), there just aren’t any trademark registrations to be…
Continue Reading What’s in a Name? Not a Trademark Registration, At Least
The ongoing battle before the United States Supreme Court regarding the ability to register disparaging trademarks, prior details of which can be found in earlier blog posts here, here…
Continue Reading Disparaging Trademark Dispute Heats Up Before Supreme Court
The U.S. Olympic Committee, like many other major sports organizations, does not shy away from enforcing its trademarks. In addition to enforcing use of the words “Olympic,” “Olympics,” and “Olympiad” …
Continue Reading The U.S. Olympic Committee’s Unique Ability to Enforce Its Trademarks
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