2016
BREXIT and Trademark Protection: Dangerous Territory Ahead?
Kevin Haley / 0 CommentsThere has been much discussion about the potentially dramatic impact of last week’s historic vote in the U.K. to withdraw from the European Union-from the plummeting pound sterling to the reunification of Ireland and the secession of Scotland from the U.K. Perhaps slightly less cataclysmic in the global sense, the Brexit also has the potential...
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Native Advertising Meets the FTC
Kevin Haley / 0 CommentsThe Federal Trade Commission has published new enforcement guidelines for so-called “native advertising”. “Native advertising” looks like news, product reviews, entertainment, or other material that surrounds it online, but is in fact paid advertising. It presents challenging enforcement problems from a truth-in-advertising perspective precisely because it is not obvious to the reader that it is...
Read More2014
The Super Bowl: Nominative Fair Use and Famous Trademarks
Kevin Haley / 0 CommentsAs the holidays arrive, Americans settle in for Turkey, gift-giving, and a lot of football watching. This cultural phenomenon begins with NFL games on Thanksgiving, rolls right into college football conference championships, the college football bowl season, and NFL playoffs. The coup de grace, coming this year on February 1, 2015, in Glendale, Arizona, is...
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Use Your Vendor Agreements For Protection from Patent Trolls
Kevin Haley / 0 CommentsThe phenomenon of patent litigation brought by non-practicing entities (patent trolls) is among the most challenging legal issues facing our multichannel merchant clients these days. The last 10 years have seen a sharp spike in the number of patent cases filed against all variety of business. The cost of defending these cases-in money and in...
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