Category Archive: Cobalt Law

The California legislature has been busy, some might say spending California tax dollars on frivolous new laws that are muddied with ambiguity, unnecessarily over-burdensome, potentially violative of the First Amendment, and not likely to amount to significant consumer protection. Two new privacy laws, scheduled to take effect in 2014 and 2015 are likely to pose challenges for website owners, and – for at least one — face challenges in the courts.

Permanent link to this article: http://cobaltlaw.com/has-the-privacy-world-gone-crazy-or-is-california-just-the-land-of-nuts-and-flakes-two-new-privacy-laws-test-the-legal-framework-and-patience-of-californians/

Last week, Abercrombie & Fitch CEO Mike Jeffries admitted he didn’t make A&F clothes in larger sizes. His reasoning: beautiful – read thin – people attract other beautiful people to wear A&F’s clothing; and unattractive – read fat – people detract from his stores. Then came the immediate firestorm of fury on social media sites …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/trademarks-and-social-media-what-we-can-all-learn-about-branding-from-abercrombie-fitch-and-amys-baking-company/

Since its release in March, 2013, “.com Disclosures” is the new hot read among ad law geeks and insomniacs, but it should be on the desk of every mobile and digital marketing executive in America. The FTC is taking the hard line when it comes to disclosures on electronic and tiny screens, and failure to …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/ftc-comes-out-swinging-above-the-fold-new-guidelines-hold-digital-advertisers-feet-to-the-fire/

Nike sued competitor Already (dba Yums) in New York federal court for infringement of its registered trade dress in the super popular Air Force 1 footwear, an example of which is shown above. Yums filed counterclaims for declaratory relief that there was no infringement and that Nike’s Air Force 1 trade dress was invalid, seeking …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/supreme-court-rules-on-trade-dress-dispute-already-v-nike-broad-covenants-not-to-sue-just-do-it-sort-of/

The shape Nestlé’s iconic Kit Kar bar has been found to be distinctive, so says the appeal board at the Office for Harmonization in the Internal Market in the United Kingdom (“Office”). Denying Cadbury’s claim that the shape of the chocolate bar was not protectable on the grounds that it was too commonplace a shape, …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/gimme-a-break-nestle-savors-trademark-victory-in-shape-of-kit-kat-bar/

Summer has been a banner season for learning – or re-learning – what we thought everyone knew: the internet travels at warp speed; covering up mistakes is a brand’s E-ticket ride to the outhouse,; and timing is everything. Experimenting with new media necessarily gives rise to mistakes and unintended consequences of brand messaging. Tolerating a …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/a-little-bird-told-me-five-common-social-media-mistakes-that-can-affect-your-brand/

Recently, news of California medical marijuana dispensaries selling a strain called “Linsanity” set loose Jeremy Lin’s lawyers—demand letters a flurry allegedly seeking apologies. This isn’t the first time a celebrity name has been used in connection with medical marijuana—does Tom Cruise Purple, aka Purple Cruise ring a bell? Lin’s trademark attorney, Pamela Deese, commented to …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/technical-called-on-pot-sellers%e2%80%a8-jeremy-lin-cries-foul-over-use-of-linsanity-trademark/

One of the areas where expectations might be more effectively shaped proactively is when someone in the nonprofit arena authors content. Often, the fact that the nonprofit, not the employee own the resulting copyright in the work eludes the employee’s understanding. This case from last week is such a circumstance. Kamanou v. Executive Secretary (SDNY …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/nonprofit-law-and-work-made-for-hire/

In a 6-2 majority decision written by Ruth Bader Ginsburg, the Supreme Court ruled today that Congress has the authority to restore copyrights in this country that had had lapsed. Relying heavily upon the 2003 decision of Eldred v. Ashcroft: “Our decision in Eldred is largely dispositive of petitioners’ limited-time argument. There we addressed the …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/supreme-court-rules-in-golan-v-holan-the-public-domain-is-a-territory-that-works-may-exit/

After 4 long years in litigation, Plaintiffs have finally settled their lawsuit with NBC over premium text messaging charges. Having likely spent millions in legal fees, the settlement fairly well recites the law any first year associate could have noted: a free method of entry does not save a pay-to-play entry where you are paying …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/deal-or-no-deal-makes-a-deal-in-illegal-sweepstakes-entries/

Older posts «