Last month, a panel of TTAB
judges held that the New York Yankees could prevent Evil Enterprises, Inc. from
using the phrase BASEBALLS EVIL EMPIRE on clothing because the public had, in
fact, come to regard the New York Yankees as, the “evil empire” of Major League
Baseball.
Public Association Trademarks: The Case of the New York Yankees and the Evil Empire
Posted:
Thursday, March 14, 2013 |
Posted by
Lizbeth Hasse, Esq.
|
Labels:
sports,
trademark
0
comments
California Attorney General Provides Mobile App Privacy Checklist: Guidance for App Developers, Distributors, Advertisers
Posted:
Wednesday, March 6, 2013 |
Posted by
Lizbeth Hasse, Esq.
|
Labels:
CalOPPA,
COPPA,
mobile applications,
mobile apps,
privacy
2
comments
The Fly Delta App is the subject of a pending lawsuit by Harris. |
As discussed in a previous
Creative Industry Law blog post, California Attorney General Kamala Harris began
a two-pronged enforcement
strategy last year to bring mobile app developers, platform providers, and mobile
ad networks in line with California’s
Online Privacy and Protection Act (“COPPA”).
The AG sent notices of non-compliance to offending entities (a sample notice letter can be found here). In December, selected lawsuits were filed (e.g., Harris’ action against Delta). Recently, the Attorney General’s office released Privacy on the Go, a set of guidelines to help those involved in mobile app development, distribution platforms, and advertising to better understand how to meet California’s OPPA’s requirements.
Read the rest of my post here
The AG sent notices of non-compliance to offending entities (a sample notice letter can be found here). In December, selected lawsuits were filed (e.g., Harris’ action against Delta). Recently, the Attorney General’s office released Privacy on the Go, a set of guidelines to help those involved in mobile app development, distribution platforms, and advertising to better understand how to meet California’s OPPA’s requirements.
Read the rest of my post here
Trademark Applications Web Specimens: the USPTO Releases New Guidelines
Posted:
|
Posted by
Lizbeth Hasse, Esq.
|
Labels:
specimens,
trademark,
trademark applications
0
comments
Because so many companies market
their goods and services online, owners and management naturally expect that their
branded websites will be good specimens to support their applications for
trademark registration and extensions. Websites are usually excellent and
appropriate demonstrations of the use of a trademark.
But, companies are well-advised to use extra care when submitting a website sample as a supporting specimen for trademark registration; the USPTO’s examination of them is especially exacting. If it finds the specimen insufficient, the consequence may be long delays in the application process and possible rejection of the mark.
Read the rest of this post here...
But, companies are well-advised to use extra care when submitting a website sample as a supporting specimen for trademark registration; the USPTO’s examination of them is especially exacting. If it finds the specimen insufficient, the consequence may be long delays in the application process and possible rejection of the mark.
Read the rest of this post here...
As background, trademarks are intended to
protect consumers from confusion about the source of goods and services. US
trademark registration is based on use in
interstate commerce, and requires a declaration that a mark is in actual use
in order to entitle a would-be trademark holder to final registration. To demonstrate
use in commerce, applicants submit samples showing the brand being employed to
actually sell, or offer for sale, the goods or services in question. An appropriate
specimen for goods might be a product’s packaging or a point of sale display showing
the mark affixed to or next to a product and the price at which it is offered
to consumers. For services, a brochure or advertisement might describe a
company’s service, its pricing structure and how the service is contracted for.
Applicants must take heed that
the USPTO applies not only a “commerce,” but also an “interstate commerce”
requirement. Worldwide websites often seem the obvious solution to the
requirement that a specimen show use in multiple states. But according to
recent guidelines
released by the USPTO, websites will only suffice under certain fairly defined
circumstances.
First, the sample must contain
either a picture or textual description of the goods or services offered. Also,
if the website is intended to demonstrate use of the mark for goods or services
in several classes of use, i.e. kitchen equipment (Class 21), aprons (Class 25),
and cooking classes (Class 41), each
class must be represented in the specimen provided.
A shot from American Apparel's homepage showing their mark, goods associated with it, and a link to order them. |
Second, the mark must be prominently displayed in the
website specimen on or next to the associated goods or services. What does
prominently mean? Applicants should
ensure that the website distinguishes the mark from surrounding text by using a
different font, stylization, color, or position. The mark should look like a brand for the goods or services.
Finally, the web specimen should provide the information necessary to purchase the goods or
services. This typically includes their price as well as a method for ordering
them, such as a 1-800 number, an order form, or “checkout” button.
Mobile Apps and Terms of Use: the Instagram Debacle
Posted:
Tuesday, January 29, 2013 |
Posted by
Lizbeth Hasse, Esq.
|
Labels:
data privacy,
Instagram,
mobile apps,
privacy,
terms of service,
terms of use
5
comments
Mobile app developers frequently
need to update their Terms of Use, prompting the familiar but often ignored, “Terms
& Conditions Have Changed” iPhone alert. The updates usually accompany new
technologies and services, and do not represent policy shifts or noticeable
service changes; hence the heedless recipient. But as the recent Instagram controversy
shows, providers should avoid hiding big changes in small print.
Instagram is a mobile application
downloaded by more than 80 million users to date. It allows users to stylize
and share photographs and other images using a variety of preset filters. Late
last year, Instagram unveiled its new Terms of Use policy that included
the following clause:
“You agree that a business or other entity may pay us to display your username, likeness, photos (along with any associated metadata), and/or actions you take, in connection with paid or sponsored content or promotions, without any compensation to you.”
Thus, it seemed, by uploading photos to
Instagram, users were deemed to have consented to use by others of the images for
advertising materials.
Read the rest of my post here
Read the rest of my post here
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About
- Lizbeth Hasse, Esq.
- Lizbeth Hasse is the managing partner at Creative Industry Law. Her practice encompasses intellectual property, media, entertainment and business counseling for corporate and individual clients. She is also a neutral expert in these areas, negotiating and resolving IP, business and media matters. Learn more by visiting Ms. Hasse's LinkedIn and Avvo profiles. Click on the icons provided below.
Email Lizbeth Hasse at lhasse@cilawyers.com
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