This week, the International Olympic Committee announced that the upcoming Tokyo Games would be postponed until next summer due to the novel coronavirus, COVID-19. Even though the event will take place in the summer of 2021, the IOC announced that the event will still retain the name “Olympic and Paralympic Games Tokyo 2020”. By retaining
Jillian Burstein
Trademark applications for COVID-19 and CORONAVIRUS surge at the USPTO
The U.S. Patent and Trademark Office is no stranger to receiving a flood of trademark applications following a news or pop culture event: from President Trump’s accidental tweet of “Covfefe” to the creation of the slogan “Boston Strong” following the 2013 Boston Marathon bombings, trademark applicants often try and capitalize on these events in order…
Bebe Stores Settles TCPA Class Action
Last month, women’s fashion retailer Bebe Stores, Inc. agreed to settle a proposed class action over purported violations of the Telephone Consumer Protection Act (“TCPA”), which alleged that the retailer sent unwanted spam texts through an automatic telephone dialing system. According to court records, Bebe’s financial condition was a substantial factor in the parties’ considerations…
FDA Postpones Food Labeling Deadline
Last month, the U.S. Food and Drug Administration (“FDA”) pushed back the deadline for food companies to adopt changes to nutritional labels for packaged foods. Industry stakeholders welcomed the extension amidst concerns over their ability to meet the compliance deadline of July 26, 2018. The FDA has not yet set a new deadline for label…
Instagram Updates Sponsored Post Disclosures
Last month, Instagram launched a new feature to let users know when a post is sponsored, making it easier for users to determine if a celebrity was paid to sponsor a post. Instagram will now have a “Paid partnership with” tag in organic content posts and Instagram Stories, in order for creators and businesses to…
Ninth Circuit Concludes No First Amendment Issue with California Ban on Paid in-Store Alcohol Advertisements
Last month, the Ninth Circuit, sitting en banc, upheld a California “tied house” law prohibiting manufacturers and wholesalers from providing anything of value to retailers in exchange for advertising their alcohol products.
Retail Digital Network, LLC, (“RDN”) an advertising agency that placed advertisements in wine and spirit retail stores, alleged that alcohol manufacturers and wholesalers…
Consumer Protection Class Action Lawsuit Over “Free” Candy Crush Plays Will Proceed
A class action lawsuit against the developer of Candy Crush will continue in Illinois federal court. According to the complaint, Candy Crush, a popular mobile game, entices users into sharing the game with Facebook friends in exchange for free “lives” (or plays) only to have those lives promptly deleted. The plaintiffs allege that the lives…
Irish Butter Shortage Spreads Trademark Battle in Wisconsin
A Wisconsin federal judge issued a temporary restraining order last month against a Wisconsin creamery for their use of the “Irishgold” Irish butter trademark and associated packaging. Irish dairy distributor Ornua Foods North America Inc. filed suit for willful trademark infringement against Old World Creamery LLC and Eurogold USA LLC, asserting that Old World’s butter…
Popcorn Makers Fight Over Use of “Skinny”
Last month, snack food company Snyder’s-Lance filed a declaratory judgment action in North Carolina against Amplify Snack Brands and its SkinnyPop popcorn. Hours later, Amplify brought suit against Snyders-Lance in Texas, alleging trademark infringement over Snyders’ “Metcalf’s Skinny” popcorn and other snacks sold under the “Metcalf’s Skinny” brand name. At issue is whether the term…