Blog Posts: Retail Law Advisor
Visit the Full BlogThis blog keeps you connected to timely developments and emerging issues in retail law and covers a wide range of topics related to the retail, restaurant and consumer industry. We invite you to learn more about Goulston & Storrs and our Retail, Restaurant & Consumer Group.
Supreme Court Affirms "Booking.com" Trademark
On June 30, 2020, The Supreme Court of the United States issued its opinion in United States Patent and Trademark Office v. Booking.com B. V. , holding that a mark consisting of a generic term combined with “.com” is not necessarily generic, and may be eligible for trademark protection...
An Unintended Interruption to the Global Supply Chain
The current outbreak of COVID-19 (the coronavirus) will be a test of the global supply chain’s strength in the face of unintended interruptions, and can be a lesson on building-in supply-chain contingency plans. As a result of COVID-19, many factories in China, which supply the bulk or all goods...
The Game of Malls. What Is Dead May Never Die.
It’s no secret that consumers have been shifting away from shopping at traditional brick-and-mortar stores in favor of shopping online. Nor that the shift in consumers’ shopping habits has resulted in a wave of store closures in malls throughout the U.S. over the last several years. The trend has...
Are U.S. retailers keeping your data safe?
Sharing limited personal information with retailers has its benefits, including targeted ads, discounts, incentives, and coupons. But at what cost? Do the risks of disclosing your personal information to retailers outweigh the benefits to which time-sensitive consumers have grown accustomed? Many retail consumers no longer have personal connections to...
A Hometown Affair: Boston Hosts INTA 2019 Annual Meeting
Last week, members of the Goulston & Storrs intellectual property practice group joined over 11,000 attendees from around the world for the 141 st Annual Meeting of the International Trademark Association (INTA). For us it was a hometown affair, with Boston hosting a diverse group of brand owners, legal...
Year-End Trademark Audits Ensure Complete Brand Protection
With the end of the year approaching and the holiday shopping season in full swing, now is an ideal time for brand owners to audit their trademark portfolios. A trademark audit is an excellent tool for ensuring brands are adequately protected for the full scope of goods and services...
Protecting the Popular Brand: Considerations to Avoid Genericide
When it comes to trademark registration, there is such a thing as being too popular. Marks such as Aspirin, Fiberglass, Zipper and Flip Phone became so ubiquitous that they were found to be generic—a commonly used name or description of a kind of product. When a trademark becomes so...
New Massachusetts Trade Secret Laws Effective October 1, 2018
The retail industry closely guards customer and distribution lists, the software and code for the operation of its websites and downloadable mobile apps, and, in many cases, algorithms used to evaluate and monitor sales trends. In many cases, these valuable assets are not protected by patent, trademark or copyright law. As...
A Trademark Licensee’s Rights after its Licensor’s Bankruptcy May Vary Depending on the Venue of the Bankruptcy Case
In this tumultuous retail climate , a string of recent conflicting court decisions remind retailers that the potential impact of a licensor bankruptcy on a trademark licensee’s rights may vary dramatically depending on the location of the licensor’s bankruptcy proceedings. In some jurisdictions a licensee may be entitled to...
A World of Trademarks at INTA 2018 Annual Meeting in Seattle
During the week of May 20, 2018, members of the Goulston & Storrs Intellectual Property Group joined over 10,500 attendees from around the world for the 140th Annual Meeting of the International Trademark Association (INTA). Held in Seattle, Washington, the INTA 2018 Annual Meeting attracted an incredibly diverse group of...
Supreme Court Removes Patent Litigation from the Heartland of Texas
For years, patent assertion entities have filed patent lawsuits against retailers in federal court in Texas. The Supreme Court’s recent decision in TC Heartland LLC v. Kraft Foods Group Brands LLC may give retailers the ability to insist they defend such lawsuits on their home turf. Deep In the Heart...
Supreme Court Says ‘Give Me a ©’ to the Fashion Industry
A recent U.S. Supreme Court copyright decision analyzing cheerleader uniforms may have a profound impact on retailers, and on the fashion industry in particular. On March 22, 2017, the Supreme Court held in Star Athletica, L.L.C. v. Varsity Brands, Inc. that original design elements that are separable from the...
The Newly Enacted Defend Trade Secrets Act: What Retailers Should Know
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (the DTSA), creating the first Federal civil cause of action for misappropriation of trade secrets. The DTSA overlaps substantially with, and does not preempt, the trade secret acts already existing at the state...
INTA 2015 Annual Meeting Recap
Last week, members of Goulston & Storrs joined over 9,900 attendees from around the world who converged on San Diego for the 2015 Annual Meeting of the International Trademark Association (INTA). This 137th meeting of INTA was its largest ever and assembled a remarkably diverse group of brand owners...
Recent Guidance on Geographically Descriptive Trademarks May Help Brand Owners
Brand owners frequently adopt geographic terms to describe the origin or a characteristic of goods, such as NANTUCKET NECTARS for beverages from Nantucket and HYDE PARK for high end apparel. They may also adopt such terms to describe the origin of services, such as CALIFORNIA PIZZA KITCHEN for restaurant...