As Scott Hervey previously wrote on the IP Law Blog, the holding in the Supreme Court case Jack Daniels Properties v. VIP Products limits the applicability of the Rogers test. Scott and Jamie Lincenberg talk about this case on this episode of The Briefing.
Continue Reading The Briefing: Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision
Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision
The holding in the Supreme Court case, Jack Daniels Properties v VIP Products, the case of the infringing Bad Spaniels dog toy, limits the applicability of the Rogers test. A recent case in the Ninth Circuit, Punchbowl Inc v. AJ Press, addressed the interplay between the decision in Jack Daniels and the Rogers test.
Continue Reading Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels DecisionThe Briefing: It’s Not Yabba-Dabba-Delicious – TTAB Denies Color Mark for Post Fruity Pebbles!
Fruity Pebbles failed to attain a trademark for the various colors of its cereal. Scott Hervey and Jessica Marlow discuss the TTAB’s decision to reject the trademark application on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.
The Briefing: Beyond the Hashtag – FTC Revises Guidelines for Endorsement Use in Advertising
The FTC recently made changes to its guide concerning the use of endorsements and testimonials in advertising. Scott Hervey and Jessica Marlow discuss these changes and their expected impact on the influencer marketing industry in this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.
When Is Trade Secret Protection the Right Choice?
Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets.
As the U.S. Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” Copyright protection exists at the time of creation of the artistic or literary work, but before enforcing the rights against an infringer, it is necessary register the work with the U.S. Copyright Office.
Continue Reading When Is Trade Secret Protection the Right Choice?