Bloggers and Advertisers are Cautioned by New FTC Guidelines on Product Endorsements In our last post , we mistakenly wrote that the new FTC guidelines for product endorsements became effective on December 1, 2010. That was an error; they became effective on December 1, 2009.
Trademark
Using Trademarks Where They Don’t Belong
January 28, 2010
Trademark
Trademarks (and service marks) identify the source of products and services, while trade names are short hand references to businesses. Some company names are, indeed, used as trademarks; that is, they identify the product or service of the owners. Two that come to mind are Coca-cola® and Microsoft®. Proper trademark usage requires placing your mark […]
When Your Trademark has been Registered as a Domain Name
December 22, 2009
Trademark
You’ve expended time, money, blood, sweat and tears branding your products and services. You are finally ready to take the next logical step, setting up a web site to establish your presence on the Internet. You set about to register your trademark as a domain name and you find that a trademark pirate has beaten […]
On December 1, 2010, the Federal Trade Commission (FTC) promulgated new guidelines governing endorsements and testimonials. Although the guidelines — being just “guidelines” — do not have the force of law, they do provide insight on how the FTC will interpret the law. The guidelines cover endorsements by bloggers, consumers, experts, and organizations. Let’s look […]
What’s in a Name? Choosing a domain name can be tricky business
November 26, 2009
Internet Law, Trademark
Today, a presence on the Internet is a vital part of business marketing and sales. That presence is typically represented by the existence of a web site hosted on a particular domain name. A domain name is the portal to your business and is an important part of the overall marketing process. Picking a domain […]
The “Mighty Mouse” Trademark Saga
October 23, 2009
Trademark
This week Apple Computer, Inc. (Apple) released a bevy of new products including a newly designed, multi-touch mouse, monikered “Magic Mouse“. Interestingly, Apple just recently lost a trademark dispute with Man & Machine, Inc. (Man & Machine) over the “Mighty Mouse” trademark, which happened to be the mark used for Apple’s previous mouse product introduced […]
Confused over when to use the appropriate symbol when referring to trademarks and copyrights? Here’s the scoop. The “C” in the circle is notice to the world that the associated work is protected by copyright law. Although not required by the Copyright Act, it may be placed on any published work. Registration of the copyright […]
Real Trademarks Used in Virtual Worlds Part II
August 20, 2009
Trademark
Real Trademarks Used in Virtual Worlds – Part II In our June 2009 newsletter, we wrote about the challenges posed by Virtual Worlds such as Second Life to trademark owners. The commercialization of virtual worlds by real life companies and the apparently rampant unauthorized use of trademarks by virtual world residents has created new “territory” […]
Facing Trademark Protection on Facebook
June 23, 2009
Trademark
By now, anybody in the know who uses Facebook, is scrambling (or has scrambled) to get their own vanity user name. On Saturday, June 13, 2009, Facebook opened the door for an estimated 200 million users to select any “username” they wanted virtually without limitation. The benefit is to have a URL which reads “Facebook.com/UserName,” […]
Real Trademarks Used in Virtual Worlds
June 23, 2009
Trademark
Real Trademarks Used in Virtual Worlds, Second Life In a lawsuit filed in April 2009, Taser International, Inc., the world’s largest maker of stun guns sued Linden Research Inc. (“Linden Lab”), the San Francisco based company, which runs Second Life, the online virtual world. Taser Int’l, Inc. v. Linden Research, Inc., 2:09-cf-00811-ROS (D. Az 2009). […]