Intellectual Property News Round-Up

Welcome to the latest edition of the TALG Talks. In this issue, we bring you a roundup of some of our Intellectual Property news articles, highlighting key insights and developments in the legal landscape. From the scrutiny of big tech firms to copyright infringement claims, stay informed with the expert analysis and updates from our dedicated team at TALG.

Big Tech Antitrust Scrutiny

Google is facing mounting antitrust challenges, with recent cases scrutinizing its dominance in search engine and digital advertising markets. In August 2024, a judge ruled Google’s search engine an illegal monopoly, highlighting the restrictive deals Google struck to maintain its market share.?

Additionally, the DOJ has filed a separate suit accusing Google of monopolizing the digital advertising market, with potential outcomes that could force Google to divest parts of its ad business, setting a precedent for broader antitrust action across Big Tech.

Read Dima Hanna, Esq. ’s full article here.

Trademarking Childhood Nostalgia

Crayola recently secured a trademark for its crayons' iconic scent after a six-year battle, following Play-Doh’s precedent in sensory trademarks. While scents can be trademarked, the process is complex, as companies must prove the scent is distinctive and non-functional to the product.?

This milestone highlights the evolving nature of trademark law, as brands seek to protect unique sensory elements tied to their identities.

Read Dima Hanna, Esq. ’s full article here.

No Likelihood of Confusion Between Competing Tequila Brands

In Casa Tradicion S.A. de C.V. v. Casa Azul Spirits, LLC, the court ruled that the tequila brands "CLASE AZUL" and "CASA AZUL" can coexist, finding no likelihood of consumer confusion between the two. The decision noted key differences in product type, branding, consumer market, and pricing, which set the brands apart despite similar names.?

The case underscores the importance of early and consistent enforcement of IP rights, as delays in protecting trademarks can make it harder to defend them later in competitive markets.

Read Cassidy Kitterman ’s full article here.

Supreme Court Affirms Broad Scope of Copyright Damages

In Nealy v. Warner Chappell Music, Inc., the U.S. Supreme Court ruled that copyright owners may claim damages for infringements discovered within three years of filing a lawsuit, even if those infringements occurred more than three years prior. This landmark decision allows copyright holders full retrospective damages once a claim is deemed timely, enhancing the effectiveness of the discovery rule.?

The ruling could lead to more rigorous investigations and increased copyright litigation, especially benefiting creators who may not immediately detect unauthorized use of their work.

Read Jaklin Guyumjyan ’s full article here.

Data Privacy in the Age of Big Data

The digital era’s massive data collection raises critical questions about ownership and control over personal information, as tech companies monetize user data and limit individual oversight. Privacy advocates argue for stronger laws and transparency, empowering users to manage their data, while some emphasize the economic benefits of data-driven innovation.?

Global regulations, such as GDPR, and recent U.S. state laws offer models for protecting data rights, while proposed solutions include clear privacy practices, robust legal protections, and public awareness to balance individual privacy with technological progress.

Read Jaklin Guyumjyan ’s full article here.

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