(Don’t) Do It for the Insta – Fair Use May Not Save Hashtags That Identify a Competitor’s Products
Instagram and other social media platforms have become fertile ground for all manner of intellectual property disputes.
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Advertising, Marketing & Trademark
We believe it’s important to have backgrounds that provide a strategic advantage to our clients. That’s why our group is comprised of former ad executives and in-house counsel, teachers, litigators and licensing experts who are trained to understand your market, your language, your deadlines, your competition and your need for business-focused legal advice.
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Fredrikson Trademark Attorneys Recognized in 2019 World Trademark Review 1000
How Will Your Canadian Trademark Portfolio Change in 2019?
Agency Valuation and M&A Cycles: Learn more about the unspoken impact on the business and its employees
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What We Do
With our unique backgrounds and dedicated experience in the business world, our Advertising, Marketing & Trademark (AMT) Group has the comfort level and confidence to provide smart, fast, creative and practical solutions to your branding challenges. We’re up-to-speed on the business world and uniquely situated to hit the ground running, whether we’re managing an international trademark portfolio or finding creative ways to minimize advertising risk.
We’re not patent or corporate attorneys moonlighting on advertising, trademark and copyright projects. We’re creative thinkers with creative backgrounds who provide clients with a true ally in protecting, enhancing and trouble-shooting your brand assets.
Trademark & Copyright
The Trademark Group advises and represents businesses and individuals in every imaginable industry, both in the United States and throughout the world.
We clear, register, maintain, and protect clients’ trademarks and help them develop and implement creative intellectual property protection strategies for building brand and product value around the globe.
We offer them the following services:
- Worldwide registrability and availability searches
- Trademark validity and infringement opinions
- Preparing, filing, and prosecuting trademark applications in the U.S. and internationally
- Conducting trademark opposition and cancellation proceedings
- Trademark litigation, including infringement, counterfeiting, cybersquatting, and grey-market goods.
- Copyright registration, protection, and litigation
- Trade secret protection and litigation
- Trademark and copyright license agreements
- Music license agreements
- Domain name registrations and disputes
- Due diligence for intellectual property transactions
- Trademark and brand counseling, including portfolio management
Advertising & Promotion
We advise and represent advertisers, advertising, direct marketing, and sales promotion agencies, designers, illustrators, photographers, and other creative service businesses of all sizes throughout the country.
The services we offer these clients include:
- Advertising copy compliance
- Sweepstakes compliance and official rules
- Agency/client agreements
- Talent & celebrity contracts
- Privacy & publicity rights issues
- Competitive advertising disputes & litigation
- Television network clearance
- Disclaimers & disclosures advice
- Confidentiality & non-disclosure agreements
- Hold-harmless & indemnification agreements
- Product labeling and warranties
- SAG/AFTRA issues
- Errors & omissions insurance review
- Client seminars
News & Articles
U.S. Attorney Required? USPTO Proposes New Rule that Would Require Foreign Trademark Applicants to be Represented by a U.S. Attorney
March 15, 2019
The USPTO recently issued a Notice of Proposed Rulemaking, proposing to amend the Rules of Practice in Trademark Cases to require all applicants, registrants and parties to be represented by a U.S. attorney.
Fredrikson & Byron Trademark Attorneys Recognized in 2019 World Trademark Review 1000
February 4, 2019
Fredrikson & Byron shareholders Lora Friedemann, Cynthia A. Moyer, John C. Pickerill and Ann Dunn Wessberg have been named to the 2019 World Trademark Review 1000 (WTR 1000) for Minnesota.
Knock it Off: E-Commerce Platforms Continue to Battle Counterfeiters
December 14, 2018
In the face of the nagging problem of fake products posing as genuine goods in online marketplaces, major e-commerce platforms are continuing to refine their strategies to address counterfeiting.
How Will Your Canadian Trademark Portfolio Change in 2019?
November 19, 2018
By Cynthia A. Moyer and Patricia A. Larson
Major amendments to the Canadian Trademarks Act were passed in 2014.
Top 10 List of Basic Do’s and Don’ts for IP
May 1, 2018
By Eric J. Snustad & David C. West
No matter how much IP experience a person has, it can be valuable to have short, easy-to-consume reminders of the basic things a company should consider.
Fredrikson & Byron Trademark Attorneys Recognized in 2018 World Trademark Review 1000
March 20, 2018
Fredrikson & Byron shareholders Lora Friedemann and John Pickerill have been named to the 2018 World Trademark Review 1000, which recognizes attorneys and firms that are deemed outstanding in the trademark practice.
Penny’s Notes on the Rising Influence of Influencers
March 8, 2018
Recently, industry professionals sat down together at Fredrikson & Byron to talk about social media influencers.
#CanWeSayThat? AdLaw Answers from Industry Pros
January 25, 2018
Fredrikson & Byron presented a program featuring lessons-learned with advertising lawyers and renowned industry professionals.
Hurry, Now is the Time to Re-Register your DMCA Agent
October 25, 2017
Under the Digital Millennium Copyright Act (DMCA), service providers can obtain safe harbor protection from copyright infringement liability by, among other things, designating an agent to receive notifications of claimed infringement with the U.S. Copyright Office.
The FTC Speaks, Instagram Listens: A New Disclosure Tool for Social Media Influencers
June 19, 2017
Instagram will soon launch a new tool to help its internet celebrities, or “influencers,” disclose when they are being paid by sponsors.
Fredrikson & Byron Trademark Attorneys Recognized in 2017 World Trademark Review 1000
May 30, 2017
Fredrikson & Byron attorneys Lora Friedemann and John C. Pickerill were recognized in the 2016 edition of the World Trademark Review 1000 (WTR 1000).
Copyright (and Fashion) Advice from the US Supreme Court
March 27, 2017
On March 22, 2017, the Supreme Court handed down its decision in the Star Athletica v. Varsity Brands case. The dispute turned on the issue of whether the patterns of cheerleading uniforms, including chevrons and stripes, are protected under copyright law.
USPTO to Begin Random Audits of Declarations of Use
February 3, 2017
Does your trademark registration identify multiple goods or services in a single class? If so, you could be subject to a random audit to make sure you are using your mark with all the goods and services claimed.
Operation Surge Protector: A U.S. Government Mission Against Dangerous Counterfeit Electronics
December 22, 2016
With support from the Department of Justice (DOJ), the U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) launched a new program to stop the illegal importation and distribution of dangerous counterfeit consumer electronics at the border.
Lead Generation: An Old Practice Under New Scrutiny by the FTC
September 27, 2016
The Federal Trade Commission (FTC) Bureau of Consumer Protection released a highly-anticipated report on lead generation on September 15, 2016. The paper summarizes staff perspectives on the topics covered at the FTC’s workshop on lead generation entitled “Follow the Lead” on October 30, 2015. Specifically, the report details the mechanics of online lead generation as well as the benefits and concerns associated with lead generation for both businesses and consumers.
Six Fredrikson & Byron Attorneys Recognized in Intellectual Asset Management’s 2016 Patent 1000 Guide
June 1, 2016
Debuting in the 2016 edition of the IAM Patent 1000: The World’s Leading Patent Professionals were Lora Friedemann and Ann M. Ladd. Also ranked again were Thomas R. Hipkins, Kurt J. Niederluecke, Charles D. Segelbaum and David C. West. The IAM Patent 1000 identifies the top patent professionals in key jurisdictions around the world.
Class Action Targets BarBri Test-Prep Business for ADA/Accessibility Violations
April 27, 2016
Three blind law school graduates just filed a federal class action lawsuit in Texas, alleging that BarBri, Inc., the leading bar exam test prep company, violated Title III of the Americans with Disabilities Act by “maintaining barriers to the accessibility of its services for blind students who use talking screen reading software and failing to make reasonable accommodations or provide auxiliary aids or services.” See, Stanley V. BarBri, Inc.
Narrow Window Opens to Make Any Fixes to EU Community Trademark Registrations
April 18, 2016
Important changes in the regulations governing European Union Community Trademarks (formerly CTMs, now called EUTMs) may affect the scope of your trademark protection for CTM applications filed before June 22, 2012.
FTC Sues Volkswagen Over ‘Clean Diesel’ Advertising
April 1, 2016
In October 2015, the Federal Trade Commission (FTC) said that it was investigating the advertising practices of Volkswagen Group of America, Inc. (Volkswagen) after it was uncovered that Volkswagen fitted its “clean diesel” automobiles with illegal emission defeat devices meant to mask emissions during government tests.
Dear Debtor, Pay Up or Lose Your Domain Name
March 24, 2016
On March 23, 2016, the state’s high court clarified that domain names are property subject to garnishment under Minnesota law. Sprinkler Warehouse, Inc. v. Systematic Rain, Inc., d/b/a GPLAWN.com, No. A14-1121 (Minn. March 23, 2016).
LifeLock to Pay $100 Million to Settle FTC Charges of Deceptive Advertising
March 2, 2016
LifeLock will pay $100 million to the Federal Trade Commission (FTC) to settle the FTC’s contempt charges that the company violated a 2010 federal court order that requires the company to protect consumers’ personal information and stop its deceptive advertising. This settlement is the largest award the FTC has obtained in an enforcement action.
100 Bottles of Beer on the Wall (All with the Same Name) – What’s Wrong with Co-Existence Agreements?
March 1, 2016
Are co-existence agreements no longer a surefire strategy for getting a trademark registration in the face of a likelihood of confusion refusal? That could be the takeaway from the Trademark Trial and Appeal Board’s (TTAB) recent decision in which it held that a co-existence agreement was insufficient to overcome a refusal based on likelihood of confusion. In re Bay State Brewing Co., Inc., Serial No. 85826258 (Feb. 25, 2016).
Picking a Good Trademark – Be Intelligent, But Not Necessarily “Smart”
February 10, 2016
In a precedential decision issued by the Trademark Trial and Appeal Board (TTAB), the TTAB affirmed the examining attorney’s refusal to register SMART SERIES because the mark was merely descriptive. In re Cannon Safe, Inc., Serial No. 85651960 (TTAB Sept. 24, 2015). This raises two questions: how is SMART SERIES descriptive? And, what is wrong with being descriptive?
What’s In a Title? Maybe a Trademark
February 2, 2016
A recent decision by the Trademark Trial and Appeal Board serves as a good reminder that the title of a single work cannot be a trademark. Independent Media Corporation (PVT) Ltd. v. BOL Enterprise (PVT) Ltd., decided January 14, 2016.
Risky Business: Behaviors That Can Put Trademark Applications and/or Registrations At Risk
January 22, 2016
In Hollywood Casino LLC v. Chateau Celeste, Inc., Opposition No. 91203686 (December 14, 2015), Applicant Chateau Celeste filed a trademark application to register the mark Hollywood Hotel. A problem arose, however, when Applicant’s President and CEO testified in a deposition that the Applicant was only a licensee – not the owner – of the mark. The Opposer, Hollywood Casino, seized on this testimony and moved for summary judgment, saying the Applicant could not apply to register a mark it did not actually own.
Lawsuits Rise: Blind Plaintiffs Sue Additional Retailers for Website Accessibility/ADA Claims
December 28, 2015
Patagonia, Ace Hardware, Aeropostale, Bed Bath & Beyond and Estee Lauder are the most recent companies sued by blind plaintiffs, alleging that the retailers’ websites are not accessible to the blind as required by the Americans with Disabilities Act (ADA). In light of the uncertain state of the law, the following actions may reduce risk for website operators, even though such actions may not be legally required.
E.U. Court Invalidates “Safe Harbor” Program: Companies Scramble for Plan B
October 8, 2015
The Court of Justice of the European Union effectively invalidated the E.U. – U.S. “Safe Harbor” program in a decision released on Tuesday.
FTC Warning to Brain and Fitness App and Software Makers: Game / App Must Remove Unscientific Claims of Memory and Mental Fitness Improvement
January 27, 2015
The Federal Trade Commission (FTC) has signaled its willingness to regulate and scrutinize claims of improved physical and mental fitness made by software and app makers.
Attorney Courtney Hofflander Joins Fredrikson & Byron
January 5, 2015
Courtney A. Hofflander Thompson has joined Fredrikson & Byron as an attorney in the Advertising, Marketing & Trademark, Data Protection & Cybersecurity, Life Sciences and Intellectual Property Groups.
BSA’s Misleading and Unsavory Tactics in Software Audits
December 19, 2014
The Business Software Alliance (BSA) targets small and mid-size businesses, extracting settlements with threats of huge damages. In this article, you will be provided a legal background on software license disputes and tips to consider in interacting with the BSA.
The Supreme Court Decides that False Advertising Standing Requires Economic or Reputational Injury Proximately Caused by Defendant’s Advertising
March 27, 2014
On March 25, 2014, the Supreme Court decided the relevant test for determining if a plaintiff has standing to sue for false advertising in the case of Lexmark Int’l, Inc. v. Static Control Components, Inc.
Three Fredrikson & Byron Attorneys Named to World Trademark Review 1000
February 24, 2014
Fredrikson & Byron is pleased to announce that Stephen Bergerson, Lora Mitchell Friedemann and John Pickerill were recognized in the 2014 edition of the World Trademark Review 1000 (WTR 1000).
SEC Says Social Media Releases Can Satisfy Regulation FD
April 1, 2013
By Fredrikson’s Securities Group
On April 2, 2013, the SEC confirmed that public companies may use social media, such as Facebook and Twitter, and other emerging means of communication in much the same way that they use their own websites to announce key information in compliance with Regulation FD. The key is whether investors have been notified about the social media accounts ahead of time.
Proposed Legislation for the Protection for Fashion Design Could be The Right Fit
October 1, 2012
By Asmah Tareen
The fashion industry has long complained about the fact that, unlike European law, U.S. intellectual property law does not offer protection for those who create unique fashion design.
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- What is a Trademark?
- Trademark Registration Process
- Advertising Law – Learn More
- Trademark and Advertising Disputes
- What is a Copyright?