HomepageAttorneys
John Farmer's Column
RSS Feed
Lebron James and TACO TUESDAY – Trademark Lessons from a Celebrity
Wednesday, September 18th, 2019
Perhaps you’ve noticed Lebron James has gone viral on Instagram hyping “Taco Tuesday.” He often does it imitating a Spanish or Mexican accent. On some college campuses, doing that would get you in trouble for “cultural appropriation.” But he’s the King, so he can. Anyway, in mid-August, a holding company owned by James, LBJ Trademarks, Read the full article…
Do’s and Don’ts for Businesses Using Photos Found Online
Wednesday, July 17th, 2019
About a year ago, an Alexandria federal trial court issued a decision that panicked commercial photographers. The decision could be interpreted as holding that it’s OK for a business to use someone else’s photograph in advertising without permission. To the relief of copyright owners, the U.S. Fourth Circuit Court of Appeals recently reversed it. The Read the full article…
BB&T and SunTrust become Truist and get sued by Truliant Federal Credit Union – What Trademark-Selection Lessons Can Be Learned?
Tuesday, June 18th, 2019
A trademark fight just broke out involving the merger of BB&T and SunTrust, two banks with heavy footprints in Central Virginia. Those combining banks recently announced their merged name (meaning their trademark) will be “Truist.” Shortly afterward, Truliant Federal Credit Union sued BB&T and SunTrust for trademark infringement. Truliant contends “Truist” is confusingly similar to Read the full article…
Liability for False Advertising: Kings, Corn Syrup, Beer, and Half-Truths
Tuesday, May 21st, 2019
I love the scene in the movie The Pink Panther Strikes Again where Inspector Clouseau is checking into a small inn. At the front desk, Clouseau notices a dog lying on the floor. He asks the innkeeper, “Does your dog bite?” “No,” responds the innkeeper. Clouseau bends down to pat the dog on the head Read the full article…
What are the Implications for Businesses of the Supreme Court’s Recent Ruling on Copyright Registration?
Tuesday, April 16th, 2019
The Supreme Court recently held you can’t sue someone for copyright infringement until you register your copyright with the federal Copyright Office. How does this ruling impact businesses? To understand the implications, we must first review basics: A copyright covers an original expression fixed in a tangible medium. Copyrights typically owned by businesses include website Read the full article…
Must Your Business’s Website Be ADA Compliant?
Tuesday, March 19th, 2019
Businesses are getting hit by lawsuits from plaintiffs’ attorneys claiming their websites don’t comply with the Americans with Disabilities Act (the “ADA”). While the ADA was enacted before the commercial Internet existed, courts interpret the ADA as requiring businesses that are “public accommodations” to have websites usable by the disabled. The ADA doesn’t give an Read the full article…
Amazon Sellers: Understand What the Amazon Brand Registry Can and Won’t Do for You
Wednesday, February 20th, 2019
Amazon is pushing its Amazon Brand Registry as a way for brand owners to enhance their position and attack counterfeit merchandise on Amazon. Let’s look at what it does and does not do. Some background first: A “brand” is advertising lingo for a trademark. It’s a business, product, or service name, such as GOPRO or Read the full article…
Dealing with Facebook Place Pages with Bad Reviews and Unflattering Pictures
Tuesday, December 11th, 2018
Someone writes a negative review of a business on social media. It might be by a customer or a purported current or former employee. The targeted business wants it taken down. Using the law usually isn’t a cost-effective option here, if it’s even an option at all. But, in the case of negative reviews on Read the full article…
Watch Out for Fake Chinese Trademark Registrations
Tuesday, November 20th, 2018
Chinese trademark applications are flooding the United States Patent and Trademark Office (“USPTO”). This could hurt your business’s ability to get trademark registrations on its business, product, and service names. In federal fiscal year 2014, Chinese applicants filed 6290 applications. That increased to 13,633 in fiscal year 2015, to 28,869 in 2016, and to 46,634 Read the full article…
Can Employers Use Trade Secret Law to Snag Twitter Accounts from Departing Employees?
Wednesday, October 24th, 2018
If an employee with a large Twitter following leaves, and if the employee primarily used the Twitter account for business promotion, can the former employer use trade-secret law to claw back the account? This is the central issue in a dispute between former Roanoke Times sports writer Andy Bitter and the company that owns The Read the full article…
