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Advertising Law Blog

The Advertising Law Blog provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. This blog is sponsored by the Advertising, Marketing & Promotions group at Olshan. The practice is geared to servicing the needs of the advertising, promotional marketing, and digital industries with a commitment to providing personal, efficient and effective legal service.

Showing 8 posts in Trademarks.

3M Alleges Trademark Infringement in Lawsuits Against Unauthorized Resellers of N95 Masks

Multinational corporation, 3M Company (“3M”), has filed a string of lawsuits alleging trademark infringement against distributors of its 3M-branded N95 respirator masks. N95 respirator masks have become crucial in the fight against COVID-19. 3M has supplied healthcare workers and other first responders with 3M-branded N95 respirators. 3M’s recent lawsuits target false and deceptive price-gouging on the part of unauthorized third-party distributors, seeking to take advantage of the heightened demand for N95 respirators during the COVID-19 pandemic. Interestingly, these lawsuits do not allege that the defendants are selling counterfeit products. Instead, 3M alleges that the defendants, unauthorized resellers, are implying a direct relationship with 3M when selling 3M-branded products at inflated prices. Read More ›

Supreme Court Rules Willfulness Not Required For Disgorgement of Trademark Infringement Profits

Resolving a circuit split, the Supreme Court (the “Court”) has held that willfulness is not a precondition for disgorgement of an infringer’s profits from the infringement in a trademark infringement case. In Romag Fasteners, Inc. v. Fossil Group, Inc., the Court considered willfulness as but one of the factors that may be considered in deciding whether or not to award an infringer’s profits to a trademark holder, rejecting the premise that a showing of willfulness is required before an infringer’s profits may be awarded. Read More ›

Trademark Fee Reductions Can Assist With More Effective Trademark Portfolio Management

In today’s global marketplace, it is more important than ever to make sure your brand is protected around the world. Failing to do so could prevent you from entering a key marketplace, or even worse, could allow an unscrupulous individual to create a business in another country that directly mimics your business. One of the first steps in protecting your brand is obtaining trademark protection in countries in which you do business or intend to do business. Unfortunately, this can be an expensive endeavor for brand owners as trademark protection is territorial and, with very few exceptions, must be handled on a country-by-country basis. Each country will have its own governmental filing fees, and the filings will generally need to be handled by an attorney who is licensed to practice in that country. Read More ›

Olshan Partner Tamara Carmichael Co-Authors Article in the World Trademark Review

Tamara Carmichael co-authored the U.S. portion of the article entitled “Supreme People’s Court is Evolving Attitude to letters of Consent.” Read More ›

Andrew Lustigman Served as Panelist at American Association of Law Schools (“AALS”) Annual Meeting

Olshan Advertising Partner Andrew Lustigman spoke at prestigious American Association of Law Schools’ (“AALS”) annual meeting Read More ›

California Supreme Court to Address Insurance Coverage of Advertisers

The California Supreme Court currently is considering an appeal that will have broad-reaching consequences for policyholders that face allegations of patent and trademark infringement. Read More ›

New Generic Domain Name Extensions Are Set To Be Launched This Year

Trademark Owners Should Act to Register Their Trademarks with the Trademark Clearinghouse. Read More ›

Lustigman Featured in "Brands Biggest Legal Problems in Digital"

Olshan's Andrew Lustigman is featured in Digiday's article, "Brands Biggest Legal Problems in Digital". Read More ›

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