Welcome to the September 2023 issue of MarkIt to Market®. This month’s edition brings attention to two prime areas of legal development: revisions to the Federal Trade Commission’s guidelines for endorsements and the merit of design patent protection harmonizing with trademark protection.
The Federal Trade Commission (FTC) is redrawing the landscape of influencer marketing with significant revisions to their endorsement guidelines. These modifications provide important insight into the legal mechanisms guiding how influencers exert their influence. The implications for corporations and law firms managing influencer contracts and litigation are both significant and timely, given the swollen role influencers are playing in modern marketing schemes.
Simultaneously, we are delving into the advantages of design patent protection in conjunction with trademark protection. More specifically, this issue scrutinizes the benefit of such protection in the context of trade dress and graphical user interface designs. This exploration is highly valuable for corporations and law firms dealing with intellectual property matters, particularly those working or planning to work on cases involving graphical user interface designs or trade dress issues.
Here are the key topics in this issue:
- How FTC Guidelines Alter the Influencer Marketing Landscape
- A Dual-Horizon View: Combining Design Patents and Trademarks
Our appreciation goes to Sterne, Kessler, Goldstein & Fox P.L.L.C. for their extensive research and input into these complex matters, adding value to our collective understanding of these practice areas.