Above the Fold

The increasingly scrutinized area of advertising and marketing has a wealth of legal hurdles. When creating content, advertising professionals and companies often find themselves in hot water with various regulatory agencies, such as the Federal Trade Commission. In this blog, our team of seasoned media and trademark attorneys address emerging trends and issues in this complex area.
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Animal Law Update

Fox's Animal Law Update provides up-to-date information and relevant news on a myriad of topics that affect some of our four-legged friends. Join our team of seasoned attorneys as they offer valuable insight to proposed regulatory and statutory amendments that may impact your animal-related businesses or activities.
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Delaware Intellectual Property Litigation Blog

Wilmington attorney Gregory B. Williams explores the decisions issued by the U.S. District Court of Delaware in the areas of antitrust and intellectual property law.
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IP Spotlight Blog

Intellectual property is often the lifeblood of a company. As an experienced IP and registered patent attorney, Jim Singer keeps you up-to-date with the legal and business aspects of intellectual property and other intangible assets on his IP Spotlight blog. Covering topics such as licensing, due diligence, acquisition, compliance and risk management associated with patents, trademarks, copyrights and trade secrets, IP Spotlight provides insight, commentary and tips regarding recent legislation and developments in the industry.
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Recent Blog Posts

  • Novel copyright infringement lawsuit against documentary filmmaker by Vancouver Aquarium. The Vancouver Aquarium filed suit against documentary filmmakers for alleged copyright infringement and breach of contract regarding at least some portions of a video entitled Vancouver Aquarium Uncovered, which purportedly exposes “the truth about whales and dolphins in captivity” at the Aquarium. In “Oral Reasons for Judgment” the Honorable Madam Justice Watchuk described the factual background of the case, in relevant part, as follows: The Aquarium’s civil complaint alleged that the video contains some of the plaintiff’s copyrighted works, including from... More
  • No Love for DC!: USPTO Cancels I♥DC Registration for Failure to Function as a Trademark When is a trademark not a trademark?  When it no longer performs the source identification function for which it was adopted.  In a recent decision of the Trademark Trial and Appeal Board of the United States Patent and Trademark Office, the Board cancelled the trademark registration (and refused a currently pending application) for the logo “I♥DC” covering various merchandise ranging from clothing to tote bags to stuffed animals. As grounds for the cancellation, the Board found that the mark no longer... More
  • United Poultry Concerns Tries to Stop Kaporos (Again)   For at least the third year in a row, United Poultry Concerns (UPC) the animal rights nonprofit “promoting the compassionate and respectful treatment of domestic fowl,” filed a lawsuit to ban the religious practice called Kaporos, where a chicken is used in a religious ritual and then slaughtered during the high holy days. UPC’s lawsuit was brought in California as a “private attorney general action under California Business and Professions Code § 17200 (the ‘Unfair Competition Law’or ‘UCL’). Plaintiff seeks an... More
  • Judge Sleet Grants Plaintiff Arrowpoint Capital Corp.’s Motion for Partial Summary Judgment That It Has Valid and Legally Protectable Trademarks By Memorandum Order entered by The Honorable Gregory M. Sleet in Arrowpoint Capital Corp. v. Arrowpoint Asset Management, LLC, et al., Civil Action No. 10-161 (D.Del. October 11, 2016), the Court granted Plaintiff Arrowpoint Capital Corp.’s motion for partial summary judgment in its trademark infringement action against Defendants Arrowpoint Asset Management, LLC, et al. after finding that Arrowpoint Capital is entitled to summary judgment on the issue of ownership of certain marks containing the “ARROWPOINT” element and has valid and... More
  • NYC Council will consider a proposed circus ban (and more) NYC Council is at it again. This time, they are considering an ordinance that will ‘prohibit the display or exhibition of many wild or exotic animals, with exceptions for accredited zoos, research facilities, religious ceremonies or celebrations, and educational or conservation-related programs or presentations.” Clearly, the ordinance, if passed, would shutter all circuses that include exhibitions of wild or exotic animals, but it could also prohibit television programs filmed in NYC that display these animals. As reported by Verena Dobnik, Associated Press, on... More
  • Latest news about Senator Lesniak’s bill to further amend New Jersey’s Pet Purchase Protection Act (PPPA). Since its passage in the Senate, there has not been much action with the Assembly version of S63. However, as recently reported by Andrew George on “Lesniak says he’s planning to amend the bill” to address concerns of pet store owners and their sources, including “eliminating the grandfathering portion of the measure and lifting the restriction on new pet stores to only source from kennels, shelters or animal rescues.” However, there is no new version of the bill with these amendments to... More
  • Charities Enforce Trademarks Too Trademark infringement disputes are not limited to those between for-profit companies.  Indeed, charities also own trademarks and they can and do enforce their trademarks against other organizations (charitable or not) through cease and desist letters, lawsuits, etc. Copyright: wavebreakmediamicro / 123RF Stock Photo Case in point:  Last week, Mothers Against Drunk Driving (“MADD”), a non-profit founded in 1980, sued the founders of a relatively new charity, Mothers Of Drunk Drivers (“MODD”), for trademark infringement and dilution of MADD’s trademarks and service marks.  MADD’s complaint,... More
  • Federal Circuit invalidates three software patents; Judge Mayer calls for ban on all software patents In the past few months, the Federal Circuit reversed a two-year trend of overturning software patents by publishing three decisions that outlined various parameters in which software can be eligible for patenting.  In those decisions (described in previous IP Spotlight posts published here and here) the court cautioned that not all improvements in computer-related technology are inherently abstract.  It also said that when assessing patent-eligibility, one must be careful to not use patent-eligibility to invalidate a claim when the real issue with the claim is obviousness. A new opinion from... More
  • Judge Andrews Concludes that Defendants Failed to Prove Affirmative Defenses of Obviousness and Implied License in ANDA Action By Trial Opinion entered by The Honorable Richard G. Andrews, following a bench trial, in Endo Pharmaceuticals Inc. et al. v. Amneal Pharmaceuticals, LLC et al., Civil Action No. 14-1382-RGA (consolidated) (D.Del. October 7, 2016), the Court ruled that defendants failed to prove their affirmative defenses of obviousness and implied license. Plaintiffs, Endo Pharmaceuticals Inc. and Mallinckrodt LLC, filed these patent infringement actions against defendants Amneal Pharmaceuticals, LLC, Amneal Pharmaceuticals of New York, LLC (collectively, “Amneal”), Teva Pharmaceuticals USA, Inc. and... More
  • Pet Stores Under Attack-Mandatory Sterilization Preempted by State Law The City Law includes mandatory sterilization requirements for 8 week-old puppies and kittens who weigh at least 2 pounds. The question is not “can the surgery be performed on a 2 pound 8 week old puppy” but rather, based on the totality of the circumstances, can the veterinarian recommend the procedure for a puppy or dog housed before and after surgery in a pet store and obtain informed consent from the animal’s owner. For the following reasons, as NYPWA experts and NYC... More
  • Pet Stores Under Attack-Pet stores do not contribute to local overpopulation Pet stores used to be the primary source for puppies in the U.S.  That role has drastically changed-rescues and shelters are now the dominant providers of pets, replacing pet stores.  In fact, thousands of puppies are imported into the Northeast to supply the increasing demand for “rescued” pets, as promoted with million-dollar campaigns from nonprofit animal rights organizations’ intent on eliminating commercial dog breeding, hobby breeding, and sales from pet stores. At the same time, shelters, condemned by the public for... More
  • Is This Food “Healthy” — The Answer May Change Soon. The Food and Drug Administration recently invited public comment on an updated definition of what constitutes a “healthy” food.  An updated definition is not merely fodder for food policy gurus.  This will have a very real impact on advertisers and consumers alike because the new standard will set the stage for what brands will label and advertise as “healthy.” What is “healthy” under the current definition—which reflects decades old views on nutrition—may no longer be “healthy” after the FDA’s final determination. Perhaps that... More
  • Chief Judge Stark Denies Defendant’s Motion for Judgment on Pleadings Asserting Collateral Estoppel Bar of Plaintiff’s Claim for Pre-Suit Damages By Memorandum Opinion entered by The Honorable Leonard P. Stark in United Access Technologies, LLC v. Frontier Communications Corp., Civil Action No. 11-341-LPS (D.Del. September 30, 2016), the Court denied Defendant’s motion for judgment on the pleadings which argued that the doctrine of collateral estoppel barred Plaintiff’s claim for pre-suit damages in the patent infringement action. It is motion, Defendant relied on a prior decision in another action, Inline Connection Corp. v. Earthlink, Civil Action No. 02-00272-MPT (D.Del), where the court... More
  • Pet stores under attack-sourcing bans violate the Supremacy Clause The interstate pet market has been targeted for decades by NGO’s intent on eliminating purposely-bred pets and replacing them with randomly-sourced and irresponsibly-bred pets sold through rescue and shelter channels. According to the Humane Society of the United States (HSUS) more than “140 jurisdictions nationwide” have recently passed pet store sourcing limitations or bans, with 35 local bans passed in the first five months of 2016 alone.  The patchwork of ordinances affecting retail pet stores and their sources are decimating... More
  • SCOTUS Will Not Hear Redskins’ Trademark Dispute Today the Supreme Court announced that it will not hear the Washington Redskins’ trademark dispute, despite the fact that the Supreme Court announced last week that it will hear the related trademark dispute involving the rock band, The Slants.  As referenced in an earlier blog post, the Washington Redskins filed a request last spring asking the Supreme Court to hear its case even though the case is currently pending before the Fourth Circuit.  Although the Supreme Court rejected the Redskins’ request,... More