9th Circuit held that the #advertising does not qualify as protectable trade dress: bit.ly/2OXXKcR

9th Circuit affirmed the district court's finding that Plaintiff's non-sale use of the #trademark was a "use in commerce" sufficient to justify the injunction: bit.ly/2URWTOC

9th Circuit held that the social media platform was a content-neutral tool to facilitate communiction and, therefore, immune from liability: bit.ly/39wp9KO

District court #trademark ruling: (1) reconciles case law to hold limitations for infringement actions involving California-created marks is four years and (2) use legal under state law but illegal under federal law does not count toward priority of use bit.ly/37WJBmY

Tea and skin care company Teami Blends agreed to pay $1M (of a $15.2M judgment) to the FTC to settle claims the company paid social media influencers to endorse its products w/o disclosing they were paid: bit.ly/2v6ZGZQ #advertising

The 9th Cir. affirmed the jury finding that the iconic opening notes of Led Zeppelin's Stairway to Heaven does not infringe the #copyright in the song "Taurus" bit.ly/39Hfx0b (.pdf)

When Thomas Jefferson was Secretary of State one of his duties was to review #patent applications. A letter from Jefferson to his aide has surfaced relating to the grant of the second U.S. Patent to issue (in 1790 to Joseph Sampson). And it’s up for sale bit.ly/3cNClh2

9th Circuit reverses #trademark infringement and dilution verdicts because the challenged dog toy is an expressive work entitled to 1st Amendment protection - and so the Roger's Test (not LOC test) applies. Remanded. bit.ly/2UOiiXC

The #Copyright Review Board finds a shield logo registrable due to shading of common geographic shapes combined with an arrangement of other shapes, letters, and numbers. Hmm. How do you "angle" a ball? bit.ly/2y5ExQM (pdf). All decisions bit.ly/2wEHQdJ

How does President Trump want to rein in social media platform bias and censorship? Read his Executive Order. Celebrates speech, questions immunity for censors, and orders Executive Branch action. Academics analyze the terms through the prism of their anti-Trump orthodoxy.

Good to know: When #advertising that a product is “Made in the USA” the rule that “all or virtually all” of the product be sourced and made here does NOT, according to FTC staff, include the “incidental, discarded packaging” for that product: bit.ly/2MuQNyc (.pdf)

The new edition of Copyright Law of the United States and Related Laws Contained in Title 17 of the United States Code is now available online. More here: go.usa.gov/xwfaS

New TBMP available content.govdelivery.com/accounts/USPTO… via Granicus

FTC Takes Crucial Step Forward in Holding Deceptive Made in USA Marketers Accountable by acting on our Petition for Rulemaking on #MADEinUSA truthinadvertising.org/tinas-take-ftc…

Today the FTC issued $60M to consumers in restitution under Section 13(b) of the FTC Act noting that “going forward” it lacks that authority under a recent SCOTUS ruling. bit.ly/3tusUKo No. Its authority ended the day the ruling was issued. bit.ly/3eyS4mU

When people are presented with the alternatives of hating themselves for their failures or hating others for their success, they seldom choose to hate themselves.

NEW: Per CBP sources, yesterday alone, Border Patrol apprehended over 7,400 illegal immigrants at the southern border, & when combined with CBP ports of entry, there were over 9,100 migrant encounters in one day. I’m told CBP released 5,000+ yesterday w/ a notice to appear. As of

It’s scary that Democrat governors think they can suspend the Constitution just because they want to. Republicans won’t ever stop standing up for your Constitutional rights. wsj.com/articles/new-m…

Very good 9th Cir oral argument re: Can Google lawfully add advertisements to websites displayed on a visitor's browser? ca9.uscourts.gov/media/video/?2…

I’m very grateful that alert and fast-acting protectors from Gavin de Becker and Associates (GDBA) spotted and detained an armed man who attempted to approach me at my Hispanic Heritage speech at the Wilshire Ebell Theatre in Los Angeles tonight. The man, wearing two shoulder