By now, you’ve probably heard of “Baby Yoda” – the popular name for the character referred to as “The Child” in the new “Star Wars” streaming series “The Mandalorian,” available on the new streaming service Disney+. The character has already achieved both critical and...
eCommerce
Landlord Liability for Tenant Counterfeiting
By: Kyle Hutnick With the holidays upon us, everyone is looking for the hottest deal. But some deals are obviously too good to be true, like a $20,000 watch for $80, for instance. A growing number of cases have held that commercial landlords are liable for tenants who...
All Eyes on Booking.com: Supreme Court Case Could Re-Write Trademark Law
By David Posteraro Trademark registration serves several functions. For the trademark owner, it protects the goodwill represented by the brand. For the consuming public, it prevents consumer confusion between products and the sources of those products. Not as often...
One Shot: Claim Preclusion in Brand Enforcement Litigation
By David Posteraro This is a case where a second bite of the apple proved poisonous. A California Court recently ruled that Factory Direct Wholesale can move forward with its trademark infringement and false advertising claims against iTouchless for allegedly making...
Three Things to Consider When Implementing a MAP Policy
Increasingly, manufacturers and brands are implementing a minimum advertised price policy (or a MAP policy) for the resale of their products. In its most basic form, a MAP policy is simple – it is a policy that governs the minimum price at which a reseller may...
Ars Ex Machina: Copyrights and Artificial Intelligence
By David Posteraro and Alex Welsh We are at or near an inflection point where the computer programs we use to create are no longer tools or instruments of the author, but arguably authors themselves. So, who owns the copyright on computer-generated works? This is not...
As Deadly and Blacklisted Products Plague Amazon, Congress Demands Answers
By Kyle Hutnick A recent Wall Street Journal investigation uncovered 4,152 items for sale on Amazon that were either deceptively labeled, or outright banned by federal regulators. Among those thousands of products, 150 were already flagged and placed on Amazon’s...
Ariana Grande Sues Forever 21 Over “Look-Alike” Ad Campaign: Update to Celebrity Endorsements and the Right of Publicity
By David Posteraro Look at my neck, look at my jet Ain't got enough money to pay me respect And, Ariana is demanding that a major retailer respect her intellectual property rights to the tune of $10 million. A week after we wrote about the brand risks of unauthorized...
You’re as Safe as Your (Trade) Secrets
By Alexis Preskar Trade secrets may seem like something only major companies have for exciting and well-known products, like the recipe for Coke. In reality, trade secrets are common among businesses large and small and across many product areas. The Ohio Trade Secret...
Celebrity Endorsements and the Right of Publicity: Brand Risks of Endorsements
By David Posteraro "In the past if someone was famous or notorious, it was for something—. . . for some talent or distinction or abomination. Today one is famous for being famous." - Malcolm Muggeridge, Muggeridge Through The Microphone "In the future, everyone will...