Category Archives: Advertising Law

Advertising law news articles, reiews, notes and blog examples.

V Energy loses a mother of a battle over color trademark: Australia court’s decision in Frucor v Coca-Cola

We, as consumers, regularly associate colours with our favourite brands as we stroll down supermarket aisles and peer at billboards and banners in shopping centres.  But for brand holders, gaining protection for proprietary colours is not a walk in the (green) park.  The recent decision of Frucor Beverages Limited v The Coca-Cola Company [2018] FCA 993 marks the end of a lengthy six-year battle over Frucor Beverages Limited’s (Frucor’s) application for protection of a particular shade of green.  The Federal Court’s decision proves once again the difficulties that companies face in applying to register colour trade marks, and provides useful lessons for future applicants of colour trade marks to note. In the beginning… the Trade Marks Office decision In 2016, The Coca-Cola Company (CCC) opposed an application made by Frucor to register a particular shade of green (described as Pantone 376c), as used on the packaging of Frucor’s….. To continue reading this legal news please click Read full information...

Posted in Advertising Law | Tagged , , , , , , , , , , , | Leave a comment

Tropicana Orange Juice Downsizes Again

Back in the good old days, one could buy half a gallon of Tropicana orange juice in a container. Then in 2010, the company (and the industry) downsized the traditional 64 ounce container to 59 ounces. Then they introduced attractive carafes of orange juice in a shape not easily distinguishable as a particular size, but they were still 59 ounces. Now in the summer of 2018, Tropicana, following the lead of Simply Orange, is in the process of downsizing its carafes again. This time to a mere 52 ounces. *MOUSE PRINT: The bottles look identical on store shelves. Same width, same height. So how did they reduce the contents by a full seven ounces so inconspicuously? *MOUSE PRINT: The bottles aren’t as deep as they were… that’s how they accomplished this clever sleight-of-hand. On the Tropicana website, they explain why they downsized the product: We consider this one of the sneakiest downsizes ever because of both the tiny net contents statement which is often….. To continue reading this legal news please click Read full information...

Posted in Advertising Law | Tagged , , , , | Leave a comment

Cat Calling Attention to Women’s Footwear?

When ideas from different realms converge in a single moment of time, a new blog post is born. “Catcalling” — albeit a rebranded, reimagined, or redefined version of it — recently has been front and center in a political Twitter storm and remains a lightning rod in the non-stop news cycle. So, imagine my surprise also to see the sturdy Cat construction-oriented brand calling my fashion-forward daughter to select it for her brand new, back-to-school footwear look this coming Fall:   Photo credit: G. Baird This isn’t our first rodeo with Cat footwear. We previously kicked heels with my son’s steel-toe boot choice, also covering the careful timing of Cat’s truncation from the four-syllable Caterpillar. While the brand extension from construction and earth-moving equipment to boots makes perfect sense, especially the steel-toe variety, here is the explanation for women’s casual dress shoes: Photo….. To continue reading this legal news please click Read full information...

Posted in Advertising Law | Tagged , , , | Leave a comment

New Ohio Data Protection Law Incentivizes Business Community to Institutionalize Cybersecurity

Little more than one month after California enacted the sweeping California Consumer Privacy Act, reinforcing and expanding individual citizen’s privacy rights, Ohio Governor John Kasich signed into law S.B. 220, the Ohio Data Protection Act (“DPA”) to be codified at Ohio Rev. Code §§ 1354.01-.05.  Where the California law focuses largely on the rights of individuals to control their personal data (mimicking to a lesser extent the European Union’s expansive General Data Protection Regulation),[1] the Ohio legislation is directed at encouraging the state’s business community to get its cybersecurity affair’s in order to better protect against risks to consumer and employee data.  The net/net of Ohio’s new law should be a win/win for individuals and for Ohio companies. A product of Ohio Attorney General (and GOP gubernatorial candidate) Mike DeWine’s CyberOhio Initiative, the DPA is largely a response to the….. To continue reading this legal news please click Read full information...

Posted in Advertising Law | Tagged , , , , , , , | Leave a comment

IPSC session 1

Standard disclaimers apply: These are my summaries, not the presentations themselves. As usual, I have to skip a lot of interesting presentations and I try to attend things I haven’t seen, no matter how good the ones I have already seen/read drafts of are.Session 1: Trademarks Jason George (and Lisa Larrimore Ouellette), Trademarks as Innovation IncentivesNot saying that the goal is/should be innovation. SCt has said multiple times that TMs aren’t about promoting innovation or discovery; that’s patent/©.  We’re saying that this has made us overlook the effects of TM on innovation, which could be good or bad.  Survey evidence: many innovative firms don’t use patents at all. Pharma/chem aside, firms view first mover advantage as more important in appropriating returns from investment.  Not concerned about lines separating doctrines. TM is important in maintaining/extending first mover advantage and thus creates incentives. ….. To continue reading this legal news please click Read full information...

Posted in Advertising Law | Tagged , | Leave a comment