Waller TIPS

Waller TIPS

Perspectives on Intellectual Property Issues

Category Archives: Advertising

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The TTAB Did Not Love New York

Posted in Advertising, Trademark
Brand owners, marketers, and in-house counsel should be cognizant of the legal implications of selecting geographical terms for the name of a product. Waller intellectual property attorney, William F. Wilson, was recently published in the International Trademark Association (INTA) Bulletin where he discusses the TTAB’s decision,  In re Nature’s Youth, Inc., Serial No. 85747419 (T.T.A.B. … Continue Reading

Think Twice Before Labeling Products “Green”

Posted in Advertising
You wouldn’t label your product “red” if inspection reveals it to be blue.  Similarly, a product or service should not be touted as “green” if it is not demonstrably environmentally friendly. The Federal Trade Commission (FTC) imposes limits on the commercial use of terms such as “green,” “eco-friendly,” “recyclable” and “environmentally friendly” as part of its effort … Continue Reading

“Old Dog, New Trick” in Claims Against Franchisors for Franchisees’ Actions

Posted in Advertising, Franchise
Nearly every franchisor has suffered threats of litigation based upon the actions of its franchisees.  These threats are not necessarily limited to claims stemming from the franchisees’ delivery of services (from mold remediation to serving tasty food which does not result in gastro-intestinal distress), but may extend to those arising from the franchisees’ employment decisions.  … Continue Reading

FTC Ramps Up Online Privacy Enforcement

Posted in Advertising, Internet
The FTC has been busy in 2011 with a flurry of investigations and settlements for online privacy violations. Below is a summary of two of the more publicized investigations and settlements. Glitch in Opt-Out Program. Chitika, an online advertising company, claims to have promptly corrected a “glitch” in their opt-out program that removed users from … Continue Reading