Navigating the Regulatory Maze: Understanding the ASA Ruling re. Supreme CBD
Global IP & Privacy Law
by Carlton Daniel and Sera Kaplan
3d ago
Clear disclosure of an ad is of paramount importance in the advertising world, and we have discussed this previously in our blogs here and here. In the ever-evolving landscape of advertising regulations, the recent decision by the UK’s Advertising Standards Authority (ASA) regarding social media posts by former footballers in relation to Supreme CBD’s products have sparked discussion in the press. The posts referred to the CBD product helping individuals with anxiety and insomnia and contained discount codes. The complainants understood that the former footballers were brand ambassadors for S ..read more
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Harmful gender stereotypes or a double standard? Calvin Klein and GIRLvsCANCER ads banned in the UK
Global IP & Privacy Law
by Carlton Daniel and Natasha Maric
5d ago
The authors thank Zara Bhatti for her contributions to this post. The UK’s Advertising Standards Authority (ASA) has banned two ads for breach of the rule prohibiting the use of gender stereotypes in advertising, which was introduced in 2019. We commented at the time that these restrictions were likely to see a rise in number of complaints being handled by the regulator. The rule, which features in both the CAP Code (for non-broadcast ads e.g. in newspapers or in social media posts online) and BCAP Code (for broadcast ads e.g. on TV or radio), states that advertising “must not include gender ..read more
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Why You May Have to Comply with California’s New Noncompete Laws – With a February 14 Deadline
Global IP & Privacy Law
by Joseph Grasser and Nicole Brenner
3w ago
While the enforcement of non-compete clauses (“noncompetes”) varies in jurisdictions across the country, California has a longstanding history of disfavoring them and championing a pro-employee-mobility work environment. Two laws were recently passed – Assembly Bill 1076 and Senate Bill 699 – expanding the scope of California’s prohibition on noncompetes and exposing companies to a heightened risk of liability. Assembly Bill 1076 (“AB 1076”) renders noncompete agreements in California void and implements a notice requirement for current and former employees; and Senate Bill 699 (“SB 699”) ent ..read more
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Global Brand Protection – How to Manage an Anti-Counterfeiting Program
Global IP & Privacy Law
by Rebecca Duecker, Jens Petry and Paolo Beconcini
1M ago
For every successful brand, it is critical to properly protect and to productively develop and use the underlying intellectual property (IP) in that brand to ensure its long-term growth. Trademark and registered design portfolio It goes without saying: maintaining a comprehensive trademark portfolio is key. It is important for brand owners to register its core trademarks (both in relation to the overall brand names and in relation to any individual products which are produced by the brand owner) in all countries where both its branded products and services are sold as well as in those countri ..read more
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AI Art Registration Denied – The Copyright Review Board Tells Applicant To Gogh Home
Global IP & Privacy Law
by Nicholas Zalany and Joseph Grasser
1M ago
Last Fall in this space, we discussed the U.S. Copyright Office’s AI Initiative launched in early 2023. Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork. As detailed below, when determining the copyrightability of the “SURYAST” work, the Review Board provides practitioners and future applicants with more articulated standards to be applied when a party seeks to register a work that contains ..read more
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A Win for Skinny Labels: Insights for Enforcing Use Patents
Global IP & Privacy Law
by Tamara Fraizer and Xiaoban Xin
2M ago
Most drugs are covered by multiple patents, with initial patents directed broadly to the compound and later patents directed to increasingly narrower uses of the compound. This provides opportunities for the compound to be approved as a generic drug before expiration of all of the patents, based on a “skinny” label – i.e., a label restricted to uses not covered by the later “use” patents. This strategy is contentious. It provides for competition but sometimes results in infringement due to off-label use of the generic drug – a delicate balance. In the case of H. Lundbeck A/S et al. v. Lupin e ..read more
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How Artificial Intelligence is Changing the Game of Professional Sports
Global IP & Privacy Law
by David Elkins, Lauryn Durham and Nicole Brenner
2M ago
We previously reported that artificial intelligence (“AI”) is changing the landscape of all aspects of our modern economy. The world of professional sports is no exception. Emerging technologies are transforming the games we know and love. From player recruitment to athlete recovery, AI’s integration into sports is opening doors for optimized performance and real-time risk analysis. As more teams and organizations employ the use of AI, counsel should be aware of the ways their clients can and do leverage AI. A critical eye should focus on the relevant legal issues: including both state and fe ..read more
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People Don’t Come to See the Tattoo, They Come to See the Show
Global IP & Privacy Law
by Joseph Grasser
3M ago
In Cramer v. Netflix, Inc., 3:22-cv-131 (W.D. Pa. Sep. 18, 2023), the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous “Tiger King” (a/k/a “Joe Exotic”), that the plaintiff tattoo artist had inked. Because ownership of original works, like a tattoo, vests with the author (here the tattoo artist), the tattoo artist owned the copyright in the tattoo, even though it was physically on the someone else’s body. That tattoo in question came about as the result of a contest ..read more
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Proactive Strategies in IPRs after Allgenesis
Global IP & Privacy Law
by Frank Bernstein
3M ago
A recent Federal Circuit decision, Allgenesis Biotherapeutics Inc. v. Cloudbreak Therapeutics, LLC, provides some interesting insights into patent challenge strategies, and their consequences, when a potentially infringing product is not yet on the market. Allgenesis, which has been developing a pterygium treatment product using nintedanib, filed an inter partes review (IPR) petition to try to invalidate one of Cloudbreak’s patents relating to pterygium treatment. Allgenesis lost at the Patent Trial and Appeal Board (PTAB), which issued a final written decision upholding the patentability of ..read more
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Federal Circuit Rules That Mark Cannot Be Cancelled Due To Fraudulent Incontestability Declarations
Global IP & Privacy Law
by Nicholas Zalany
4M ago
The Federal Circuit recently issued a decision with important ramifications on how petitions for cancellation due to fraud will be handled by the Trademark Trial and Appeal Board (“Board”) going forward. In Great Concepts LLC v. Chutter, Inc., the Court, with a 2-1 majority, found that the Board wrongly cancelled the registration of a trademark holder due to the filing of a fraudulent declaration by its former attorney to obtain incontestable status of the trademark “DANTANNA’S.” The Board had historically held that it possesses the authority to cancel registrations altogether due to fraudule ..read more
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