By David Posteraro If you have ever attempted to view online content and received a message that the content is unavailable in your country, you may find this occurring more often; so too, content that you may have viewed yesterday, may not be available tomorrow. On...
eCommerce
District Court Deals Blow to Unauthorized Resellers, Confirming First Sale Doctrine Not Absolute
In ADG Concerns, Inc. v. Tsalevich LLC, the Northern District of California found that the defendant’s unauthorized resale of plaintiff ADG Concerns’ products amounted to trademark infringement and unfair competition. The decision is a win for manufacturers...
Is Ban on “Immoral” or “Scandalous” Trademark Registrations Constitutional? Supreme Court to Decide
By David Posteraro Brand Scandal at the Trademark Office: Section 2(a) of the Trademark Act is FUCT Sex sells. From lux designers to street wear, wines and cosmetic, brands flirt with the scandalous. At times this flirtation is explicit in the brand name itself....
Is Your Business Prepared for Tax Season Cyber Attacks?
By Kyle Hutnick Every year around this time, the IRS sounds the alarm about threats of stolen identity thanks to crooks looking to con you into handing over your sensitive information. This tax season is no different, with rising reports of social engineering schemes...
Brand Cohesion: Missteps and Steps to Cohesive Branding
By David Posteraro Brands, like celebrities, may be famous for nothing other than the fact of being recognized. They work at their own distinction. Like fashion, brand acceptance is fickle; its time in the sunshine of acceptability fleeting. Developing a successful...
Brand Commitment “The Third C”
By David Posteraro Brand Commitment. Brands, like celebrities, may be famous for nothing other than the fact of being recognized. They work at their own distinction. Like fashion, brand acceptance is fickle; its time in the sunshine of acceptability fleeting. ...
Protect Your Brand by Protecting Your Domain
Have you ever typed a company’s name in a URL only to be taken to a non-functioning website filled entirely with ads or be re-directed to a website for a competitor of the company? This is likely the work of a cybersquatter. Cybersquatting generally refers to...
Brand Consistency “The Second C”
By David Posteraro Brand Consistency. Brands, like celebrities, may be famous for nothing other than the fact of being recognized. They work at their own distinction. Like fashion, brand acceptance is fickle; its time in the sunshine of acceptability fleeting. ...
Brand Clarity “The First C”
By David Posteraro Brand Clarity. Brands, like celebrities, may be famous for nothing other than the fact of being recognized. They work at their own distinction. Like fashion, brand acceptance is fickle; its time in the sunshine of acceptability fleeting. ...
Creating Legal and Enforceable MAP Policies
As Amazon, eBay and other Internet marketplaces continue to dominate the retail industry, manufacturers and distributors face increasing numbers of on-line counterfeit and gray market resellers. These resellers list products at lower price points cutting into...