Lewis Roca Blog

The Federal Trade Commission (FTC) is the government agency primarily responsible for imposing penalties on companies that fail to protect consumer data.  It does so under Section 5 of the Federal Trade Commission Act, which prohibits “unfair and deceptive acts or practices in or affecting commerce.” This case began in 2008, when someone found a […]

Fashion designers could be left defenseless against copycats if the US Supreme Court rules that certain features are not protected under the Copyright Act.  The Supreme Court will soon hear oral argument in Varsity Brands, Inc. v. Star Athletica, LLC.

California recently enacted a bill prohibiting concessionaires from claiming trademark rights in a mark that “incorporates or implies an association with a state park venue, or its historical, cultural, or recreational resources.” The full text of the California Heritage Protection Act, AB 2249, can be found at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB2249.  The bill, which goes into effect January […]

As data breaches increase in profile and frequency, lawmakers are struggling to protect their citizens from cybercrime.  Within the past year, at least four states have beefed up their data security statutes to provide greater consumer protection.   According to a May 2016 summary by the National Conference of State Legislatures, more than 25 states in 2016 […]

According to a recent Federal Trade Commission (“FTC”) blog post, consumers should think twice before connecting their cell phones to a rental car.   The FTC warns that the vehicle could record all kinds of data, including your personal contacts, location, web browsing, and even your text messages. This blog post written by an FTC staff attorney […]

In January a judge in the Northern District of California dismissed a complaint which asked that a monkey named Naruto be the owner of a copyright in a photograph. The order of dismissal can be downloaded here. The court held that there was no standing under the Copyright Act since a monkey is not an “author,” […]

Part I – What’s in a Name? What do you do when, after growing as a craft brewery for 11 years, you file for a trademark to protect your name… and get denied? That’s exactly what happened to [LAST NAME] Brewing (formerly Dale Bros. Brewery). Brothers Curt and Andy Dale started [LAST NAME] Brewing in […]

Applicant applied to register SNOW BY REPUBLIC for clothing.  The TTAB approved the registration this mark despite the existence of the following trademark registration for similar clothing items: SNÖ In reaching its decision, the TTAB discusses two interesting tenets of trademark law. FIRST.  A “crowded” field is often used to describe a situation where a […]

We are at the beginning of a new era of media consumption.  Traditional content delivery systems such as satellite and cable television are hemorrhaging customers to a wave of “cord cutting” that has been facilitated by the availability of streaming services such as Hulu Plus, Netflix and HBO Go.[1]  Now that smart televisions are becoming […]