John Delaney and Sean West authored an article for Law360 regarding the seven copyright and AI questions courts need to address.

Grace Han Stanton, Jared Bryant, and Mira Park authored an article titled "Safeguarding Style: An Examination of Brand Protection in the Fashion and Luxury Industry" for World Trademark Review's third quarter special report. The report examines brand protection in the fashion and luxury industry and discusses the growing regulatory scrutiny of sustainability and green claims in the United States, including the rules promulgated by the USPTO and FTC related to such claims.

The Federal Trade Commission recently finalized updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising, which address the FTC’s latest thinking about how the truth-in-advertising standards under the FTC Act apply to endorsement and review-related issues.

The U.S. Supreme Court has affirmed the U.S. Court of Appeals for the Second Circuit’s decision that the licensing of an image Andy Warhol created of musician Prince (titled “Orange Prince”) based on a photograph by Lynn Goldsmith for use as a magazine cover was not fair use.

Trademark infringement has no statute of limitations but should have.

Crafting an appropriate AUP for generative AI is a process that requires careful consideration and collaboration across multiple departments. Each policy will be different, reflecting the company’s business needs and culture, the nature of the intended uses of such tools, and the company’s level of risk tolerance in light of its industry and the applicable evolving legal and regulatory landscape.

Britt Anderson, Partner at Perkins Coie, details strategies against fraud claims to US trademarks in defense and enforcement.

This Update is the second in a three-part series on legal issues surrounding generative technologies. This second installment discusses the initial lawsuits filed involving these technologies and how these issues may be addressed by the courts for the first time.

The Federal Trade Commission recently announced a notice of proposed rulemaking to expand its Negative Option Rule to apply to all recurring subscription programs.

There have been two important developments in recent weeks regarding the U.S. Copyright Office’s position on registering works created by the use of artificial intelligence (AI) technology. First, on February 21st, the Copyright Office issued its much-anticipated decision regarding the registration of a graphic novel by artist Kristina Kashtanova that included images generated using the AI tool Midjourney. Then, on March 15th, the Copyright Office issued a policy statement providing its first guidance on the subject of copyright registration for works generated by AI.

In a recent ruling, the National Labor Relations Board found an employer violated the National Labor Relations Act when it offered furloughed employees a severance agreement that included overbroad nondisparagement and confidentiality provisions.

The China National Intellectual Property Administration circulated a draft amendment to the PRC Trademark Law for public comment on January 13, 2023. This Update explains noteworthy revisions to the PRC Trademark Law.

This Update is the first in a three-part series on legal issues surrounding generative technologies. This first installment will discuss recent developments regarding the copyrightability of AI-generated works.

The interview and profile tracks Patchen’s career, what stimulated her interest in trademark law, the challenges she has faced along the way, and how women can be further encouraged and empowered to seek IP-related careers.

The fashion industry is responsible for around 10% of global greenhouse gas emissions, but consumers are increasingly prioritizing sustainability in their purchasing decisions.

Laura Brett, Vice President of BBB National Programs' National Advertising Division (NAD), recently spoke with Jason and Amanda to discuss recent trends at the NAD, along with her reactions to the Federal Trade Commission's proposed updates to the Endorsement Guides that set rules of the road for influencer marketing and the use of consumer reviews in advertising.

Jason Howell and Amanda Beane talk with Janis Kestenbaum, partner at Perkins Coie and former Federal Trade Commission (FTC) attorney, about the makeup and direction of the FTC as it relates to advertising and marketing law.

Jason Howell and Amanda Beane team up with Mark Richardson from Target Corporation to discuss the New York state Pink Tax law and its application to retailers and brands.

The following update focuses on the finalized changes in the Code of Federal Regulations set to be implemented and available on December 18, 2021.

For 50 years, the National Advertising Division (NAD) has been at the forefront of monitoring national advertising, enforcing high standards of truth and accuracy, and resolving advertising disputes (typically between competitors) to build consumer trust and support fair and truthful marketing.

High complexity, long trial periods from filing the case to receiving the judgment, and high costs have long been considered drawbacks of filing civil patent and copyright infringement cases in China. In order to protect IP owners' legitimate rights and interests and more effectively resolve complex patent and copyright disputes, Chinese courts have started adopting a “partial judgment for infringement and preliminary injunction” model.

We're halfway into ICANN71, and early interactions are posing questions about ICANN Org's capability to carry out its mission to maintain an orderly domain name system (DNS).

Jason Howell and Amanda Beane team up with Miriam Farhi, co-chair of Perkins Coie’s Privacy & Security practice, to discuss common legal issues and pitfalls associated with loyalty and rewards programs, including in the areas of marketing, privacy, and litigation.

In this episode, Jason Howell and Amanda Beane discuss compliance tips and litigation risks for businesses. 

China’s punitive damages regime was first introduced under Article 63 of the 2013 Trademark Law (TM Law) of the People’s Republic of China (PRC), which provides guidance to the People’s Courts on the assessment of damages in cases involving trademark infringement.

The events of Jan. 6 at the Capitol were unprecedented on a number of counts. The images of a disorganized mob flooding into the U.S. House of Representatives and U.S. Senate chambers are seared into the national memory, perhaps forever. 

Jason Howell and Amanda Beane and guest Lindsey Buckner from 7-Eleven discuss common challenges for in-house legal, including how to seamlessly integrate with in-house marketing teams and how to create work-life boundaries while working from home during the pandemic.

Streaming is a widespread form of entertainment for millions of Americans and its popularity has soared during the pandemic. However, according to a study by the U.S. Chamber of Commerce and the Global Innovation Policy Center from June of 2019, “global online piracy costs the U.S. economy at least $29.2 billion in lost revenue each year.”

The Copyright Alternative in Small Claims Enforcement Act (CASE Act) was signed into law on December 27, 2020, as part of the Omnibus COVID-19 Relief Bill. The CASE Act establishes a completely new forum for resolution of small copyright disputes, the Copyright Claims Board (CCB), in which parties may voluntarily resolve copyright disputes in front of a three-judge panel of officers appointed by the librarian of Congress.

The Trademark Modernization Act of 2020 (TMA) was signed into law on December 27, 2020, making several changes to the Lanham Act that have important effects on trademark owners’ brand protection programs.

Jason Howell and Amanda Beane discuss the basics of “was/now” pricing, discounts off of list and MSRP prices, and free offers.

Patchen Haggerty and Colleen Ganin describe how COVID-19 has created the perfect storm for counterfeiters.

The cannabis industry’s rapid growth presents companies with the need to protect their brands from trademark infringement, and to avoid infringing on the trademarks of others.

Jason Howell and Amanda Beane discuss green advertising, marketing, and sustainability issues, and how to navigate related pitfalls.

In this final issue of the Summer Sustainability Series, we address important considerations in designing and implementing an enforcement program.

Trademarks play an important role in marketing eco-friendly products and engendering consumer trust. This update highlights that role, potential pitfalls to avoid, and best practices to consider.

ICANN's founding promise and mandate are optimistic—ensure a stable and secure internet that benefits the internet community as a whole. Recent months, however, have highlighted the uncomfortable truth that ICANN's and the industry's approach to DNS abuse is actually moving backward, ignoring growing problems, abdicating on important policy issues, and making excuses for not acting.

Jason Howell and Amanda Beane discuss practicing law in the current climate and share hot marketing and litigation topics and observations during COVID-19, including health claims, cause marketing, and consumer contracts.

COVID-19 has wreaked havoc on the entertainment industry, creating massive disruptions across many industry sectors.

The COVID-19 pandemic is upending the entertainment industry, with music, film and television, and other industry sectors experiencing profound disruptions to the status quo.

The COVID-19 pandemic is rapidly cutting a wide swath of change in the entertainment industry.

In Stanley Kubrick’s 1968 film, 2001: A Space Odyssey, a manned exploratory mission to Jupiter is sabotaged by an artificial intelligence (AI) named HAL, which became famous for its line, “I’m sorry, Dave, I’m afraid I can’t do that.”

The U.S. Supreme Court held this week that willfulness is not a prerequisite for an award of profits for violation of Lanham Act § 43(a), 15 U.S.C. § 1125(a), resolving a longstanding circuit split.

As widely reported, and not surprising, the internet is swimming in COVID-19 online scams. Criminals, accustomed to rapidly grabbing online territory during times of crisis and profiting from public fear, are working overtime in the face of the coronavirus.

There's a well-documented crisis facing the domain name system: very few who rely on domain name registration data from the Whois database to perform vital functions can do so any longer, which is escalating consumer harm and abuse on the internet worldwide. And the problems, thanks to ICANN's overly restrictive policy post-GDPR and a failing policy process, are piling up. 

A competitor has engaged in high-profile false advertising, and your CEO wants to use an enforcement hammer with more weight than a cease-and-desist letter. 

The U.S. Supreme Court’s recent decision in Mission Product Holdings, Inc. v. Tempnology, LLC, 139 S. Ct. 1652 (2019) that a trademark licensor’s rejection of a trademark license does not terminate the licensee’s right to use the licensed mark is likely to have a major impact on trademark licensors and licensees.

The Standing Committee of the National People’s Congress announced amendments to the Trademark Law of the People’s Republic of China on April 23, 2019.

The U.S. Supreme Court’s decision in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 586 U.S. __ (2019), issued March 4, 2019, resolves a longstanding circuit split regarding whether the Copyright Act of 1976 allows a copyright owner to file an infringement suit as soon as a copyright application has been filed or instead requires the owner to wait to initiate suit until the U.S. Copyright Office has acted on the application. 

Perkins Coie surveyed 140 startup founders, technology company executives, investors and consultants on key challenges and opportunities in the AR/VR space.

The compliance deadline for the European Union's General Data Protection Regulation (GDPR) is nearly upon us, the unveiling of a proposed model to bring WHOIS into compliance is said to come from ICANN next week, and everyone is scrambling to understand all that's involved.

The European Commission recently released technical input on ICANN's proposed GDPR-compliant WHOIS models that underscores the GDPR's "Accuracy" principle — making clear that reasonable steps should be taken to ensure the accuracy of any personal data obtained for WHOIS databases and that ICANN should be sure to incorporate this requirement in whatever model it adopts. Contracted parties concerned with GDPR compliance should take note.

Last November, the U.S. Copyright Office issued its Final Rule regarding designating copyright agents under the Digital Millennium Copyright Act (DMCA) and announced a new electronic system for filing such designations.

In a much anticipated decision, the U.S. Supreme Court held in Matal v. Tam, 582 U.S. ___ (June 19, 2017) that a provision of the Lanham Act banning the registration of marks considered disparaging to “persons, institutions, beliefs, or national symbols” (known as the “disparagement clause”) constituted a violation of the Free Speech Clause of the First Amendment.

Following several other circuits as well as patent law precedent, in SunEarth, Inc. v. Sun Earth Solar Power Co., the U.S. Court of Appeals for the Ninth Circuit recently made it easier for Lanham Act litigants to recover attorneys’ fees.

Several new unrestricted generic Top Level Domains (gTLDs), such as .store and .stream, are now available, with several others set to launch soon.

Perkins Coie and Upload surveyed more than 650 startup founders, executives with established technology companies and investors on the future of augmented and virtual reality.

Some suggestions for acquiring, protecting and enforcing your intellectual property rights.  View the checklist.

The Supreme Court addressed the preclusive effect of decisions of the USPTO’s administrative court, the Trademark Trial and Appeal Board (TTAB), on district court trademark infringement proceedings in B&B Hardware, Inc. v. Hargis Indus., Inc. In its ruling this week, the Court held that a district court should give preclusive effect to a TTAB decision if the ordinary elements of issue preclusion are met.

Your product teams surely have already finalized their lineup of holiday winners, the new gizmos and must-have widgets that you hope end up on everyone’s wish lists.

Previously, a logo registered in black and white was considered sufficient to protect versions of the logo in any color, but this is not necessarily true for European Union (EU) Community Trade Marks (CTM). Under the new rule, logo trademarks filed in black and white or greyscale might not protect the same mark in color.

The Federal Trade Commission (FTC) recently investigated whether Cole Haan’s “Wandering Sole” social media contest violated Section 5 of the FTC Act, which prohibits deceptive practices.

Think the First Amendment protects your business from liability for running an ad congratulating a celebrity or other public figure?  Better think again.

Are you contemplating dressing up your trademarks for the holidays? Adding a jaunty Santa hat and garlands to your company name on your website and shopping bags? Animating your logo to spin like a dreidel or fly like Rudolph? Maybe adorning your word marks with candy cane stripes? Using your trademarks to embrace the holiday spirit can freshen your brand image, infuse it with energy and differentiate it from your competitors.

Two new criminal laws underscore the value of trade secrets as a critical asset to a corporation.  These new laws, the Trade Secrets Clarification Act (TSCA) and the Foreign and Economic Espionage Penalty Enhancement Act (FEEPEA), have increased the criminal penalties for stealing trade secrets, including fines in excess of $10 million.

The Internet Corporation for Assigned Names and Numbers (ICANN), which is charged with enabling and securing the Internet, has been hard at work on a significant expansion project.

A recent $8.1 million verdict in a trademark and trade dress infringement action is an emphatic reminder that businesses of all sizes should protect their trade dress as well as their trademarks. 

As more countries join the Madrid Protocol System for the International Registration of Marks (Madrid System), trademark owners should be sure to take full advantage of this trademark registration option.  There are now 89 members of the Madrid System.  Significantly lower application and maintenance costs, as well as streamlined portfolio management options, are just a few of the reasons why the Madrid System is advantageous for trademark owners.

This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right. 

NBC, FOX Broadcasting and other defendants reached a multi-million dollar settlement with plaintiffs in multiple California class action lawsuits alleging that American Idol and Deal or No Deal SMS sweepstakes were illegal lotteries.

Music and holiday shopping go hand-in-hand.  Chances are, your final plans for holiday-themed décor, events and websites will all involve music.  This wrapping paper is designed to help your creative team design and implement a music protocol that protects intellectual property ("IP") rights without breaking your holiday budget.

There have been many recent changes in the world of domain names.  This is the fourth in a series of updates on these issues.  It is intended to keep you informed about issues that are important to brand owners and any others with a significant web presence.

In a matter of months, the amount of "Internet real estate"—which has been static for the past several years—will expand dramatically. Companies, organizations, cities and others will be able to apply to ICANN to launch new domain spaces using brand names (for example, .nike), generic terms (such as .shoes) and locations (such as .nyc).

The DotAsia Organization will begin accepting Internationalized Domain Name (IDN) registrations of Chinese (Traditional and Simplified), Japanese and Korean domain names on May 11, 2011.

The Chinese government is in the midst of a six-month Intellectual Property Rights Campaign (“IPR Campaign”) that could provide some much needed help to businesses struggling with intellectual property (“IP”) infringement in China.  The IPR Campaign aims to reduce IP violations related to all types of IP, including copyrights, trademarks and patents.

Consumers crave environmentally friendly products and services, so naturally advertisers weave "green" messages into advertising, using "eco-friendly" words, images, brand names, logos and certifications. But making false or misleading green claims can trigger legal challenges that result in a wide range of penalties and negative publicity.

YouTube received a resounding win in a recent decision in the long-running Viacom v. YouTube case.

Environmentally friendly advertising claims effectively grab the attention of consumers hungry for "green" products and services. But as you prepare your holiday advertising, there are several things to keep in mind if you are making "green" claims.

Remember the hype surrounding Tickle Me Elmo in 1996, Sony's Playstation in 1995 and, if you're old enough, the Cabbage Patch Kids in 1986?  Each holiday season features new "must-have" gifts—that toy your child just cannot live without or that next generation video game or console or that one special pair of boots.

Perkins Coie sponsored the annual McCarthy Institute IPCon.

Perkins Coie sponsored the annual WTR Live: Brand Strategy Summit.

Perkins Coie sponsored the 2023 Intellectual Property Owners Association (IPO) Annual Meeting held at the Hynes Convention Center in Boston, Massachusetts.

Perkins Coie is the host of two INTA North America Roundtables on "Wellness in the Practice of Law.

Perkins Coie was proud to be a presenting sponsor of the 21st Annual Rocky Mountain Intellectual Property & Technology Law Institute on June 1-2, 2023, at the Westin Westminster Hotel in Denver, Colorado.

INTA’s North American Roundtables have returned for Annual Case Law Review sessions in various cities across the United States.

Perkins Coie was a proud sponsor of the annual ChIPs Global Summit. ChIPs is a nonprofit organization that advances and connects women in technology, law, and policy.

Perkins Coie was a proud sponsor of the American Bar Association’s (ABA) 2022 IP Fall Institute, a three-day virtual continuing legal education (CLE) program focusing on the latest developments and hottest topics in intellectual property (IP). The IP Fall Institute featured panels conducted by leading practitioners providing insight on industry developments and coming trends.

Perkins Coie was proud to serve as the exclusive law firm sponsor of the 2022 Seattle Art Fair. A one-of-a-kind destination for the best in modern and contemporary art.

Five Perkins Coie Intellectual Property partners were recently invited to present at the 2022 Guangdong Overseas IP Protection Training Program. The program is a series of courses that is designed for IP professionals in Guangdong.

Perkins Coie was the presenting sponsor for the 20th Annual Rocky Mountain Intellectual Property & Technology Law Conference.

INTA’s annual meeting brought together the most influential brand professionals from across the globe and across industries at the largest gathering of its kind.

Perkins Coie is a proud sponsor of the WTR Live: The Future of Trademark Management and Brand Protection Roadshow, which will be held in multiple locations from December 3 – December 10.

Perkins Coie is a platinum sponsor of the virtual 2021 ANA/BAA Marketing Law Conference.

The International Trademark Association (INTA)’s Annual Meeting is the largest and most influential gathering of brand owners and intellectual property professionals from around the world and from across industries.

Perkins Coie has been a proud sponsor of the annual ChIPs Global Summit, which advances and connects women in technology, law, and policy, since its inception.

Perkins Coie was proud to be a presenting sponsor for the 19th Annual Rocky Mountain Intellectual Property & Technology Institute Conference, which was held virtually June 3-4.

The strategic value of software and data is ever increasing. Understanding how patent, trade secret and copyright law can protect these valuable assets is essential.

Perkins Coie was a platinum sponsor of the virtual 2020 ANA/BAA Marketing Law Conference.

This webinar focuses on non-patent intellectual property, including a discussion of copyright, trade secret, and trademark issues that we expect to see arise in the coming years.

On June 25, Seattle Partner Lynne Graybeal, along with other panelists, spoke on “Adapting to a Changing World: Appetite & Acquisition in the Art Market Today.”