Overview: As artificial intelligence and machine learning generate deep fakes for marketing and advertising purposes, affected people may turn to lawsuits over false representation and the right of publicity. How might parties–or regulators–use surveys to...
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Color, Trademarks, and Barbie
Thanks to Greta Gerwig’s cinema adaptation of Barbie, the iconic doll from manufacturer Mattel, the summer of 2023 has been awash in a sea of pink. Mattel invested in a wide-reaching advertising and public relations...
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Texas Pete’s in the Hot Seat for False Advertising
Texas Pete’s hot sauce is made and manufactured in North Carolina by Garner Foods. The label on Texas Pete’s hot sauce states on the back of the bottle that it is made and manufactured in...
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The Great Gruyere Debate
Europe has a centuries-old cultural and legal history of protecting goods produced in certain regions. For example, it is illegal in countries that have signed certain treaties to market sparkling wine as “champagne” unless it...
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Supreme Court Concurrence Raises Potential Concern About Permission Questions in Likelihood of Confusion Surveys
On June 8, the U.S. Supreme Court released a ruling with comments relevant to likelihood of confusion surveys. In Jack Daniel’s Properties, Inc. v. VIP Products LLC, the maker of Jack Daniel’s brand whiskey sued...
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