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Above the Fold

The Fox Rothschild Advertising, Trademark, & Copyright Blog

Lanham Act

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Marketing to Children

By Elizabeth A. Patton on April 30, 2018

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

Posted in Advertising & Marketing, Advertising Claims

“I Can” and “I Will” File a Lawsuit

By Elizabeth A. Patton on November 3, 2017

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

Posted in Trademark Litigation, Trademarks

Are Offensive Trademark Registrations on the Rise?

By Elizabeth A. Patton on September 1, 2017

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?

Posted in Trademark Registration, Trademarks

Slanting Toward the End of the Commercial Speech Doctrine

By Fox Rothschild LLP on June 22, 2017

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

Posted in General Advertising Industry News & Updates, Trademark Litigation, Trademark Registration, Trademarks

SCOTUS Strikes Down Disparaging Trademark Ban

By Elizabeth A. Patton on June 19, 2017

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

Posted in Trademark Litigation, Trademark Registration, Trademarks

FTC Secures Refunds for Indoor Tanning System Consumers

By Elizabeth A. Patton on February 7, 2017

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

Posted in Advertising & Marketing, Advertising Claims

Anticipated Oral Argument Finally Heard

By Elizabeth A. Patton on January 18, 2017

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…

Continue Reading Anticipated Oral Argument Finally Heard

Posted in Trademark Litigation, Trademarks

What’s in a Name? Not a Trademark Registration, At Least

By Fox Rothschild LLP on November 30, 2016

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

Posted in Trademark Registration, Trademarks

Disparaging Trademark Dispute Heats Up Before Supreme Court

By Elizabeth A. Patton on November 29, 2016

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

Posted in Trademark Litigation, Trademarks

The U.S. Olympic Committee’s Unique Ability to Enforce Its Trademarks

By Elizabeth A. Patton on November 6, 2016

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

Posted in Trademark Litigation, Trademarks

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