Category: Uncategorized

You are Your Trademark

July 20th, 2018 by

AdAge Magazine recently ranked the Nike swoosh symbol (a design mark in trademark lawyer speak) as the most admired logo among advertisers. This did not surprise me. But I was floored when I accompanied my 14 year old son to the Nike lab in NYC where hip employees literally handed him the coveted symbol (after

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Amazon Latest Online Marketplace to Push for Trademark Registration

August 24th, 2017 by

Amy Sullivan Cahill, August 2017 Last month, Amazon began rolling out its newly revamped brand registry. The objective of the new registry is to encourage sellers who use the Amazon marketplace to register their own trademarks with the USPTO. Currently, only brands that own a federally registered trademark are eligible to join the Amazon registry.

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Memes and Copyright Infringement – Do Internet Laughs Infringe?

July 25th, 2017 by

Amy Sullivan Cahill, July 20, 2017 Memes have become ubiquitous in social media, flooding news feeds and time lines with jokes and pop culture references. The source material for many of these memes include the intellectual property of movie studios, artists, and photographers.  How, then, do these memes not infringe on the rights of the

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Now That’s Offensive! In Wake of Tam Ruling, Applicants Rush to Offend

June 30th, 2017 by

On June 19, 2017, Justice Samuel Alito delivered the Court’s opinion in Matal v. Tam, an 8-0 decision holding that the disparagement clause of the Lanham Act unconstitutionally limits free speech. Before the ink on the ruling was dry, several trademark applicants filed for marks that would have likely been found disparaging or offensive only

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Influencer Marketing and the Future of Advertising- Social Media Platforms Respond

June 26th, 2017 by

The FTC, in an attempt to keep up with the ever-changing nature of social media, put forth a series of “educational” letters concerning the use of endorsements and testimonials in advertising. The letters were in part sparked by questions regarding “influencer marketing.” Influencer marketing, which is where social media influencers create content to engage followers

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Cahill IP, PLLC Named as a Top Intellectual Property Firm in Louisville

May 30th, 2017 by

Following its first year in the Louisville legal community, Cahill IP, PLLC has ranked as Louisville’s 6th largest Intellectual Property Law Firm, and the 4th largest firm for federal trademark filings, in Louisville Business First’s annual ranking. While Cahill IP is a boutique firm, it ranked ahead of several of Louisville’s largest law firms for

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Becomes First Kentucky Firm to Qualify for National Association of Minority and Women Owned Law Firms (NAMWOLF) Membership

May 25th, 2017 by

Media Contact: Christy Burke, Burke & Company Phone: 917-623-5096 Email: Cahill IP, PLLC Becomes First Kentucky Firm to Qualify for National Association of Minority and Women Owned Law Firms (NAMWOLF) Membership Louisville, KY – May 24, 2017 — Cahill IP, PLLC, an intellectual property (IP) law firm based in Louisville, is the first-ever Kentucky

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The FTC Sends Further Warning Directed to the use of Instagram Influencers

April 26th, 2017 by

There has been a lot of attention in April on the Federal Trade Commission’s warning letters directed to ninety separate advertisers identifying inadequate or omitted disclosures in “influencer advertising” on Instagram. As with any advertisement that incorporates a product “endorsement” advertisers must disclose material relationships between those providing the endorsement and the advertiser. This FTC

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Michelle Browning Coughlin Talks About Being a Parent and Practicing Law

March 31st, 2017 by

In this podcast from the Lawyerist,  Cahill IP attorney Michelle Browning Coughlin, who is also the founder of MothersEsquire, talks about how being a parent—especially a mom—can make it harder to practice law, and what firms can do to be more parent-friendly, from paid paternity leave and flexible working arrangements to breastfeeding accommodations and playing

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What is Online Behavioral Advertising? Or “Why is that shoe advertisement following me?”

March 30th, 2017 by

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

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