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Dear Fashion Santa, Let Me Explain…

We only want one thing for Christmas this year: clear and unambiguous terms for ownership of intellectual property. We know you’ll understand after the year you’ve been having. #FashionSanta was the social media sensation of the 2015 holiday season. Children and adults alike (including Canada’s…

China Adopts Tough and Sweeping Cybersecurity Law

On November 7, 2016, the Standing Committee of China’s National People’s Congress promulgated the Cybersecurity Law of the People’s Republic of China, a law James Zimmerman, chairman of the American Chamber of Commerce in China calls “a step backwards for innovation in China that won’t…

Sound Marks in China

A sound mark can be registered in China since May 1, 2014. According to a draft Standard of Examination issued by the Chinese Trademark Office, a sound mark can consist of a musical or non-musical sound, or a combination of both.  Non-musical sound includes natural…

Comparative Advertising Do’s and Don’ts from the NAD – Part 2

Last week we blogged about a recent decision of the National Advertising Division of the Better Business Bureau, holding that two YouTube videos for Rayovac brand batteries misleadingly communicated an unsupported “line” claim of superiority against all Energizer batteries. This post will discuss a second…

Comparative Advertising Do’s and Don’ts from the NAD – Part 1

Two recent decisions of the National Advertising Division of the Better Business Bureau provide helpful insights into how product performance comparisons should (and should not) be crafted to be considered fair comparative advertising against competitors. The first decision, Spectrum Brands, Inc. (Case #6012 Oct. 26,…

BIAS Rules: New FCC Regulations on Broadband Customer Privacy

On October 27, 2016, the Federal Communications Commission (“FCC” or “Commission”) adopted sweeping new privacy rules applicable to all telecommunications providers including broadband internet access service (“BIAS”) and interconnected voice-over-internet-protocol (“VoIP”) providers. Protecting the Privacy of Customers of Broadband and Other Telecommunications Services. These rules…