On 9 March 2023, the Advertising Standards Authority (ASA) took the rare step of issuing an Enforcement Notice against any advertiser distributing ads for electric plug-in mini-heaters that claim – directly or indirectly – that such products are a viable alternative to central heating.
As noted in our previous blog, the ASA recently banned
“[N]o legacy is so rich as honesty”1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. “FTC leadership,” the NAD Report elaborates, “sent a consistent, strong message that national advertisers should take a hard look at their
An all too typical fact pattern involves a small-time ne’er-do-well infringing on the rights of a much bigger corporation. When the corporation is forced to bring a lawsuit, the “little guy” infringer cries poverty and seeks a settlement. An oft-used tactic of corporations is to settle the matter quickly (and before too much in attorneys’
Competition in the world of online sales is intense, but companies that used inflated original prices to lure customers face consequences.
JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” The three-count complaint claims the nationwide
Is this the time we can really see a change in the fight against Chinese trademark squatters, or are we just adding burdens to legitimate right holders?
The China National Intellectual Property Association (CNIPA) has recently published a draft amendment to the Chinese Trademark Law. The document is still under examination and has been disclosed
In a unanimous February 1, 2023 Order, a Federal Circuit panel granted Google LLC’s petition for a writ of mandamus directing the U.S. District Court for the Western District of Texas to vacate its order denying transfer of patent infringement claims to the Northern District of California. As discussed here, this precedential decision signals
China is at the forefront of the AI development race. While many see China’s AI policies as a cover to curb freedoms and control society, the reality is that China is an active AI developer in a thriving market for AI applications in both the trade and industrial sectors.
There are, however, several challenges related
The
The authors wish to thank Eben Kurtz for his contributions to this post.
In the first few months of 2023, the UK Regulator – the Competition and Markets Authority (“CMA”) – continues to be active in cracking down on misleading green claims, this time targeting the fast-moving consumer goods industry (“FMCG”).
At the end
As the global economy continues to integrate, companies are wrestling with how to manage innovations across borders. Given that most patentable inventions are developed in-house, can a global invention policy help attract and keep the most innovative employees? Are assignment agreements with employees appropriate regardless of where the innovation originates?
Join our panelists Catherine Muyl
The cost-of-living crisis is a concern for all consumers, with many carrying out research to understand ways that spending can be reduced. One major issue during the cold winter days is the cost of heating bills.
The Advertising Standards Authority (ASA) has banned four separate adverts which relate to electric plug-in mini heaters. All the
The Advertising Standards Authority (“ASA”) has issued its first ruling under the new rules that prohibit gambling ads with “strong appeal” to under-18s, providing a useful example as to how the new rules will be applied.
Updated Gambling Ad Rules
As covered in more detail in a previous article for this blog, on 1
On 28 November 2022, the European Commission adopted proposals for a revised Regulation and Directive on industrial designs. The proposals, that are now sent to the European Parliament and Council for adoption, are aimed at modernizing the EU design system and the harmonized national design protection laws.
Apart from aligning the terminology to the Lisbon
The author would like to thank John Hodges and Elisa Li for their contributions to this post.
The emergence of blockchain-supported Non-Fungible Tokens (NFTs) has captured the interest of the entertainment and business worlds in the past couple of years. Large digital transactions like that of Beeple NFT that sold for $69 million and the ever-mounting numbers
The Federal Circuit recently handed down an informative decision in American National v. Sleep Number Corporation affirming the Patent Trial and Appeal Board’s final decisions in two inter partes reviews finding some claims patentable and some claims not patentable. The claims at issue related to the systems and methods for adjusting pressure in an air
In Punchbowl, Inc. v. AJ Press, LLC, the Ninth Circuit affirmed a trademark win for upstart news outfit Punchbowl News. In doing so, the court held that First Amendment protection extends to the names of commercial enterprises. This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a
Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed.
Indeed, the scale of the issue was highlighted in the Influencer Monitoring Report, published in March 2021 by