In a landmark decision, released (coincidentally?) on the first day of the International Trademark Association’s Annual Meeting, the U.S. Supreme Court held, in American Needle, Inc. v. National Football League, that the NFL’s licensing activities are covered by Section 1 of the Sherman Antitrust Act which prohibits “every contract, combination in the form of a trust or otherwise, or, conspiracy, in restraint of trade.” As a result, the NFL will now be required to demonstrate, on remand, that such activities comport with the so-called “Rule of Reason.”
Since we created an Evolving Media & Technology Team here at KMK, I have been telling brand owners to proactively manage their presence on Facebook by creating an official, corporate, Facebook page and strategically selecting the fan pages and copycat pages to shut down. After yet another “update” to its site late last week, Facebook has now made this kind of brand management exponentially more difficult for trademark owners.
- Intellectual Property
- Social Media
- Craft Brewing
- Trademark Litigation
- Medical Marijuana
- United States Patent and Trademark Office
- Trademark Trial and Appeal Board
- Registered Trademark
- Federal Trademark
- Amazon's Brand Registry
- Medical Cannabis Dispensaries
- Drug Enforcement Agency
- Uniform Trade Secrets Act
- E-Discovery Case Law
- Regulation Fair Disclosure
- Securities Law
- Securities Regulation
- Generic.com Terms Are Not Per Se Generic
- EU Trademarks Post-Brexit: Now What?
- Don’t end up on The Elf on the Shelf’s naughty list!
- Stay Out of Trouble With the Federal Trade Commission
- "Aloha Poke": Social Media and Consumer Perception are Part of the Trademark Enforcement Equation
- Could Any Old Yahoo Nab Chief Wahoo?
- Trademark Registration Practice is Officially…umm…Well, You’ll See
- Booze is Booze, Right? Not so fast...
- Did A Neural Network Just Solve Craft Brewing's Trademark Problems?
- Enroll in Amazon’s Brand Registry 2.0… But Only if You Own a Registered Trademark