Although other forms of intellectual property tend to be most relevant to consumer product makers, copyright ownership is also an important consideration and can play a key role in product development and protection. Copyrights protect artistic works, and given the creativity
Continue Reading Consumer products and IP (Part 6): deriving a copyright for consumer products
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Consumer products and IP (Part 5): the download on trademarks for consumer products
Given the influence trademarks have on consumer decisions, proactive strategies by consumer product companies can yield short- and long-term gains. Trademarks influence consumers by connecting a product to a company—a simple means to increase recognition and boost sales. But, ignoring competitor’s…
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Consumer products and IP (Part 4): demystifying the impact of trade secret misappropriation for consumer products
Trade secrets protect consumer product companies by preventing competitors from stealing unique knowledge. Rights under trade secret law cover valuable knowhow that is not publicly known. In enforcing their rights, companies can prevent the exchange of information, taking of documents,…
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How data privacy can affect consumer goods
Check out this recent post on our NT Analyzer blog from my colleagues, Steve Roosa and Dan Rosenzweig, regarding data privacy impacts on the consumer markets/retail space. Steve and Dan will be featured tomorrow, June 3, at the International Association …
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Consumer products and IP (Part 3): the intersection between consumer products and design patents
Although utility patents are far-and-away the most common type of patents, design patents present additional options for protecting consumer products. These patents stop competitors from copying a product’s unique and inventive look and/or design. Recent decisions have granted significant infringement damages…
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Consumer products and IP (Part 2): what’s a patent got to do with it?
Consumer product companies face unique exposure to utility patent infringement. Patents can impact multiple aspects of consumer products, from manufacturing and shipping to compositions and use.
Active patent management strategies can help avoid liability while simultaneously protecting rights. Understanding these…
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Social media apps, CDA section 230, and products liability
Earlier this month, we saw an eye-opening Ninth Circuit opinion regarding products liability theories applied to social media apps. In short, the Ninth Circuit held section 230 of the Communications Decency Act does not shield the owner of a social…
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Consumer products and IP (Part 1): why it matters
Intellectual property (IP) rights can be a blessing and a curse for consumer product designers, manufacturers, and sellers. IP rights allow companies to protect their own creations, limit others from obtaining detrimental IP rights, provide licensing opportunities, and help deter…
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FDA CBD enforcement continues under Biden
In the first few months of the Biden Administration, the Food and Drug Administration has continued to actively pursue companies marketing and selling CBD products in violation of the Federal Food, Drug and Cosmetic Act (the “FD&C Act”), picking up…
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California District Court grants preliminary injunction barring Prop 65 acrylamide lawsuits
Prop 65 claims for alleged exposure to acrylamide in food are all too common. In the first three months of 2021 alone there have been 109 acrylamide notices issued. Acrylamide is not a chemical that is intentionally added to food,…
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