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DTSA Expands Protection to Trade Secret Owners

With President Obama’s signing of the Defend Trade Secrets Act (DTSA) on May 11, 2016,  federal intellectual property law has expanded to include trade secrets, which had previously been governed exclusively by state law. Although the text of the DTSA is largely consistent with the Uniform Trade Secrets Act (UTSA), the law which 48 states have adopted in some form to protect trade secrets, this new law contains several features which will provide expanded protection to trade secret owners.

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SEC Sides with Netflix – Social Media Channels Comply with Regulation FD

So apparently, Netflix is good for something other than just House of Cards.  In an eagerly-awaiting ruling Wednesday, the SEC issued a report confirming that companies are permitted to disseminate material information through their social media channels in compliance with Regulation Fair Disclosure (“Regulation FD”) so long as investors know that companies are going to do so. 

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ICANN Approves New gTLDs, Kicks Off Global Money-Grab

Today in Singapore, the Internet Corporation for Assigned Names and Numbers (ICANN) voted to allow registrations of brand-specific generic top level domains, or gTLDs as they’re known.  No more will internet addresses be limited to the familiar “.com” and “.net” suffixes. 

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There's An App For That - But Only From Apple...?

I guess we should have seen this coming – or not.  As reported by CNN on Tuesday, Apple has obtained a federal trademark registration for its slogan, THERE’S AN APP FOR THAT.  Well, ok…CNN got it wrong; the PTO has only just accepted Apple’s Statement of Use, which means that a registration is imminent, but we’ll let CNN slide on this one.

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Update: Social Network Privacy Settings Still Mean Nothing in New York

This post is an update to our August 27th post where we reported that a District Court in California held that privacy settings on Facebook and MySpace do actually matter.

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Interbrand's Top 100 Global Brands for 2010 Released

Interbrand has just released its annual listing of the Top 100 Global Brands.

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Bad Brand Decision from Audi "Rears" Its Ugly Head?

Another day, another case of a company not bothering to see how its new trademark translates into the native languages of its intended consumers.

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Court Rules on Social Media Sites' Privacy Settings

On May 26th, the U.S. District Court for the Central District of California ruled that, under the Stored Communications Act of 1986, postings to a user’s Facebook “wall” (and, similarly, to the “comments” page on MySpace – although nobody actually uses MySpace anymore) are considered private so long as the user has his privacy settings set such that only “friends” can see his wall postings.

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Supreme Court's Ruling in American Needle Creates Uncertainty Over Future of NFL Licensing

In a landmark decision, released (coincidentally?) on the first day of the International Trademark Association’s Annual Meeting, the U.S. Supreme Court held, in American Needle, Inc. v. National Football League, that the NFL’s licensing activities are covered by Section 1 of the Sherman Antitrust Act which prohibits “every contract, combination in the form of a trust or otherwise, or, conspiracy, in restraint of trade.”  As a result, the NFL will now be required to demonstrate, on remand, that such activities comport with the so-called “Rule of Reason.”

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Facebook: Now Presenting, "Brand Destruction!"

Since we created an Evolving Media & Technology Team here at KMK, I have been telling brand owners to proactively manage their presence on Facebook by creating an official, corporate, Facebook page and strategically selecting the fan pages and copycat pages to shut down.  After yet another “update” to its site late last week, Facebook has now made this kind of brand management exponentially more difficult for trademark owners.

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