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I only (very briefly) fell for one April Fools’ prank this year.  Yesterday the University of Wisconsin tweeted what appeared to be a press release announcing that fans could no longer perform their “Jump Around” tradition at home football games due to concerns regarding seismic impacts.  After realizing my mistake and the fact that it was April 1, I wondered what company pranks I missed throughout the day.  It turns out there was no shortage.  Like every…
Earlier this week, the European Parliament voted in favor of a directive overhauling the European Union’s online copyright rules.  These controversial changes, following extensive lobbying and a 348-274 vote, implicate an intersection between regulators, content creators/authors, and internet companies like online platforms and news aggregators (think: social media sites, internet news sites).  The changes seek to impose liability on online platforms when users upload material that infringes on another’s copyright, a key difference from the U.S.’s Digital Millennium Copyright Act,…
Yesterday the Food & Drug Administration (“FDA”) Commissioner announced a new plan for increased oversight over dietary supplements.  In his statement, the Commissioner noted how much the dietary supplement market has grown and how many consumers now take a dietary supplement on a regular basis, stating that “consumers need to have access to safe, well-manufactured, and appropriately labeled products.” As a reminder, the FDA does not pre-approve dietary supplements like it does new drugs; however, it does require…
From beer to snacks to cars to tech, we love them all. Or, we love judging them all. Each year, we tune in to see which companies—both the old staples and the new blood—will shell out the cash for a Super Bowl ad. Throughout breaks in the game (or cheating with an online search), we intently watch for laugh-out-loud quips, emotional storylines, and cringe-worthy moments, knowing “which was your favorite?” will be an office topic…
Nothing is as it seems. I previously blogged about the marketing of non-dairy products as “milk” – now it’s meat’s turn.  According to a recent article in the Star Tribune, multiple states are either already regulating or considering regulating use of the term “meat” on product labels. As explained in the article, supporters of a potential regulation in Nebraska, a large producer of meat products, believe the measure is necessary to protect consumers from being misled and…
Earlier this month, the Canadian Intellectual Property Office (“CIPO”) published a new set of Trademark Regulations and announced that amendments to Canada’s trademark laws will go into effect on June 17, 2019.  The CIPO’s website describes the regulatory initiative as “accession to trademark treaties and modernization of Canada’s trademark regime.”  As summarized by the Canadian Trademark Blog, the amendments include: Canada’s accession to the Madrid Protocol; eliminating filing bases and use of a mark as a prerequisite; introducing a requirement…
The National Labor Relations Board (“NLRB”) is seeking comment through mid-December on its proposed rule establishing a joint employer standard, as set forth in 83 FR 46681.  One of our Fox Rothschild partners, Tami McKnew, submitted the following comment to the NLRB, which speaks to the implications of the joint employer rule on trademark licensors/licensees: “The proposed rule specifically acknowledges the effects of the 2015 shift in joint employer analysis evident in the Board’s decision in…
As I previously blogged about, there is a circuit split as to whether, when a trademark owner/licensor files for bankruptcy, the licensee of the trademark can legally continue use of the mark or whether the trademark owner/licensor can reject its obligations under the licensing agreement and effectively prohibit the licensee’s continued use of the mark.  A case arising from the First Circuit, Mission Product Holdings, Inc. v. Tempnology, LLC N/K/A Old Cold LLC, involves this precise question…
As I previously blogged about, there is a circuit split as to whether, when a trademark owner/licensor files for bankruptcy, the licensee of the trademark can legally continue use of the mark or whether the trademark owner/licensor can reject its obligations under the licensing agreement and effectively prohibit the licensee’s continued use of the mark.  A case arising from the First Circuit, Mission Product Holdings, Inc. v. Tempnology, LLC N/K/A Old Cold LLC, involves this precise question…
  Over the past year, including in my blog post last month, we’ve traced the progression of the Coachella/Filmchella lawsuit, which was scheduled for trial earlier this month.  Approximately a week before trial, the parties settled the case and the Court entered a stipulated order as a result.  The order contains a permanent injunction prohibiting the Filmchella defendants from using the Filmchella marks, the Coachella marks, and any confusingly similar marks and requiring them to transfer certain…