Category Archives: Advertising Law

Protecting the Women’s March Brand

Branding a social movement is tricky.  Many individuals following (and leading) social movements tend to view IP rights as antithetical to the spirit of the movement itself.  Moreover, success in the PTO for these types of marks is by no means guaranteed.  The purpose of a trademark being to identify a source for goods or services, efforts to register the names of social movements are often met with refusals for failure to function as a trademark. Organizers of the Women’s March held in Washington, D.C. last year are facing opposition in their attempt to register the brand name.  Shortly after the march itself, Women’s March, Inc. filed to register WOMEN’S MARCH as a trademark.  The proposed mark is for use with certain clothing items and for promotion and lobbying services related to women’s rights, LGBTQ rights, and racial equality.  The application faced two Office Actions, including one refusal for failure to function as….. To continue reading this legal news please click Read full information...

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Court to Agency: Is That Your Final Answer on Soundboard Technology?

In a blow to the soundboard industry, the D.C. Circuit recently ruled in Soundboard Association v. FTC, No. 1:17-cv-00150 (D.C. Cir. Apr. 27, 2018) that the Federal Trade Commission’s November 2016 opinion letter, which reclassified soundboard technology as “robocalls” under the Telemarketing Sales Rule (TSR), is not subject to judicial review. We previously blogged about the underlying litigation and FTC’s November 2016 opinion letter here. Soundboard technology allows telemarketers to communicate in real-time, dynamic, two-way conversations utilizing pre-recorded audio clips­­­­. These differ from the type of pre-recorded message contemplated by the drafters of the TSR in that there is a live agent monitoring the call and selecting the appropriate clip depending on the situation. The FTC’s 2016 opinion letter rescinds a 2009 letter that concluded that calls made with soundboard technology are not subject to the same restrictions….. To continue reading this legal news please click Read full information...

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Capital One No Hassle Rewards: Only $48,000 Roundtrip

Everyone has seen the Capital One TV commercials that convey the impression that cashing in points you have earned for a free trip with other banks’ credit cards is nearly impossible. Whatever date you want, “the answer is always ’no’.” [Watch commercial.]
The fix, they say, is to get a Capital One “no hassle” card with […].. To continue reading this legal news please click Read full information...

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Text of 9th Circuit Decision in adidas v Skechers (three stripes)

Justia summary: Skechers challenged the district court’s issuance of a preliminary injunction prohibiting it from selling shoes that allegedly infringe and dilute adidas America, Inc.’s Stan Smith trade dress and Three-Stripe trademark. The panel affirmed in part, holding that the district court did not abuse its discretion in issuing the preliminary injunction as to adidas’s claim that Skechers’s Onix shoe infringes on adidas’s unregistered trade dress of its Stan Smith shoe. However, the panel reversed in part, holding that the district court erred in issuing a preliminary injunction as to adidas’s claim that Skechers’s Cross Court shoe infringes and dilutes its Three-Stripe mark... To continue reading this legal news please click Read full information...

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Faruki+ Client Disputes Federal Fraud Allegations

Defense efforts are under way in response to the fraud investigation launched recently against one Findlay Market vendor.  The links below, to current articles, provide details of the alleged fraud. Busch Lawyer:  Findlay Store Owners Didn’t Commit $3.4M Fraud – Brother Did Attorney for Findlay Vendor Raided by Feds: They Didn’t Do Anything Wrong Attorney for Busch’s Country Corner Owners Denies Food Stamp Fraud Allegations   The post Faruki+ Client Disputes Federal Fraud Allegations appeared first on Faruki Ireland Cox Rhinehart & Dusing PLL... To continue reading this legal news please click Read full information...

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