Have you been wondering why once you have browsed for new refrigerators online, you are served up an advertisement for refrigerators on every site you visit, even on non-appliance websites? The explanation is the proliferation of Online Behavioral Advertising or OBA. OBA is defined as “tracking a consumer across time or across sites for purposes of serving an advertisement based on perceived … [Read more...]
What is Online Behavioral Advertising? Or “Why is that shoe advertisement following me?”
March 30, 2017 by ·
Trump® and Trademarks
March 15, 2017 by ·
Donald Trump has filed to register TRUMP as a trademark in connection with a variety of goods and services. The U.S. Patent and Trademark Office shows over thirty active federal registrations for TRUMP owned by the President’s related company DTTM Operations, LLC based in New York. The goods and services of the registrations range from bumper stickers to television programs in the field of … [Read more...]
Prevagen® and the Jelly Fish: They thought we would forget.
January 24, 2017 by ·
I was sure it was true. My over-40 forgetfulness could be helped by the over the counter supplement Prevagen. Of course, the first time I went to purchase Prevagen proved unsuccessful – I could not remember the name. With an active ingredient derived from jellyfish! It sounded so hopeful. And then there were the clear and unqualified advertising claims “clinically proven to improve memory.” I … [Read more...]
Bourbon and Beer: Barrels of Trademarks Fun
January 10, 2017 by ·
The following article, "Bourbon and Beer: Barrels of Trademarks Fun," was written by Amy Cahill and Michelle Browning Coughlin and was posted in the Louisville Bar Association Bar Briefs, December 2016 edition: With headlines like “Bourbon and Whiskey Sales Are Soaring Around the World,” and reports showing 2015 as the “eighth consecutive year of double-digit growth” for the craft brewery … [Read more...]
Diets and Disclaimers: The Fine Print and Digital Advertising
January 4, 2017 by ·
Our neighbor announced in December that his New Year’s resolution was to begin a strict paleo diet. On January 2, while he was visiting our home, we asked how the diet was going. He responded that the New Year’s resolution did not begin until January 3, because he was “on holiday” until then given his employer’s official observance of New Year’s Day on the first work day of the year, January … [Read more...]
Trade Dress Litigation Involving Two Large Manufacturers Of Distilled Spirits
December 20, 2016 by ·
Two large players in the distilled spirits space are involved in trade dress litigation filed in U.S. District Court for the Southern District of New York. The claims involve product appearance, specifically claims by Diageo that the Sazerac product marketed under the name Dr. McGillicuddy’s is likely to confuse consumers in the marketplace. A side-by-side of the two products as set forth in … [Read more...]
Gaining the Courage to Start Your Own Firm
December 16, 2016 by ·
Listen as New Solo host, Adriana Linares, interviews Amy Cahill, the founder of Cahill-IP, PLLC. Amy and Adriana discuss the challenges many lawyers encounter when faced with the decision to start up a firm of their own. Amy speaks about what motivated her to start her practice and encourages other attorneys to take this leap of faith, as well. Cahill-IP, PLLC is a law firm based out … [Read more...]
Digital Branding – What Girl on Which Train?
October 21, 2016 by ·
Sales of Girl on a Train have enjoyed a significant boost from a movie of the same title – or is it the same title? The Girl on the Train was a best-selling novel by Paula Hawkins that was made into movie blockbuster staring Emily Blunt released last month. As you might imagine, the story is a thriller involving a female lead character. Girl on a Train was a psychological thriller … [Read more...]
E commerce Meets Bricks and Mortar – Or the Other Way Around?
December 7, 2015 by ·
Amazon opened its first bricks and mortar store in Seattle last month. The company calls the store (a book store) an “extension” of Amazon.com. An extension? Online retailers are starting to see the benefits of actual physical spaces with human beings in them. The number one cited benefit is the ability to observe customers and get first-hand customer feedback (what are all those online … [Read more...]