How To Evaluate Taking Enforcement Action When There Is Blowback Potential
Sending a cease and desist letter and waiting for compliance is no longer enough to enforce trademarks for consumer-facing brands. Although public opinion now has a similar impact on enforcement decisions, legal analysis is still important. In just a few hours, a letter can be screen-captured, shared on social media, and transformed into a story. […]
The Getty Ruling: What Every Brand Should Know About AI and Trademark Risk
The long awaited decision in Getty Images v Stability AI has arrived, and while it did not settle the larger copyright issues dominating public attention, it delivered a significant and instructive outcome on trademark infringement. For rights owners, brand counsel, and AI developers, this ruling offers early guidance on how courts may apply trademark law […]
Why Personalized Intellectual Property Counsel Is Critical in an Innovation Driven Economy
The accelerating pace of innovation has created unprecedented opportunities for creators and companies, but it has also introduced new legal risks, competitive pressures, and strategic complexities. Intellectual property sits at the center of this landscape, shaping how businesses protect their inventions, distinguish their brands, and secure long term value. Yet many organizations still rely on […]
From Idea to Icon: Why Strategic Intellectual Property Planning Determines Brand Longevity
In today’s global marketplace, where product lifecycles move faster, counterfeiters move smarter, and consumer attention spans grow shorter, intellectual property (IP) is no longer a “nice to have.” It is a foundational asset that shapes brand longevity, commercial value, and competitive position. Yet many creators, founders, and even established companies still treat IP as a […]
Client Alert: The Rise of Digital Drive-By Litigation—and How to Protect Your Brand Online
In recent years, a new form of litigation has emerged that targets businesses for technical or compliance issues in their digital operations. Known as “digital drive-by” or “click-by” lawsuits, these cases exploit the rapid pace of online innovation and the complexity of legal standards governing websites and mobile apps. They have become a growing concern […]
Foreign Legal Update: China’s Draft Foreign Trade Law Integrates IP Enforcement
China’s intellectual property enforcement has long been a focal point for global brands. As one of the world’s largest manufacturing and export hubs, the country’s treatment of IP issues affects international trade far beyond its borders. A recent development, the draft Foreign Trade Law, suggests a significant policy shift that could redefine how intellectual property […]
Spin-Off or Rip-Off? The Legal Line Between Original Shows and Derivative Work
Television is living through a golden age of reinvention. Familiar characters return, universes expand, and beloved series spawn sequels, prequels, and reboots at an unprecedented pace. While audiences enjoy revisiting old favorites, the legal boundaries behind these projects are becoming increasingly complex. Where exactly is the line between being inspired by an original work and […]
U.S. Customs as Your Enforcement Partner: The Most Underused Anti-Counterfeiting Tool in IP Law
Counterfeiting has become one of the most pervasive threats to intellectual property worldwide. From luxury goods and electronics to pharmaceuticals, illicit trade costs legitimate brands billions every year. Many companies focus on lawsuits, takedown notices, and digital monitoring, yet they overlook a powerful ally that operates at the border: customs authorities. Customs agencies have the […]
Client Alert: USPTO Trademark Scams on the Rise
The Federal Trade Commission (FTC) has issued a warning to business owners: scammers are impersonating the United States Patent and Trademark Office (USPTO) in an effort to defraud applicants. These scams specifically target businesses that have filed trademark applications, often using fear and urgency to trick owners into sending money or sharing sensitive information. How […]
Foreign Legal Update: A Win for Melona in Korea
The Seoul High Court recently issued a decision that has caught the attention of Korea’s food and beverage industry – and that is relevant to all CPG brands regarding unique packaging. At the heart of the case was Melona, a well-known melon-flavored ice cream bar, and its rival product Melonbar. The question before the court […]
