Mark it: 4 major trends in trademarks, copyright and advertising that we are monitoring for 2022

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An increasingly competitive market and a rapidly changing legal landscape mean that protecting your intangibles and mitigating intellectual property risks is more difficult than ever.

Here are four major trends that we are following closely – we predict that the importance of these trends will only increase in the coming months.

1. The volume of false advertising claims will increase: In today’s consumer landscape, branded content and advertising are integrated into consumers’ lives in new and imaginative ways. This expansion, unsurprisingly, has sparked a growing volume of false advertising claims. Add to that the recent changes to the law for the enforcement of injunctions and benefit allowances under Lanham Law – which will likely contribute more to the volume and complexity of claims.

2. You will pay more attention to your trade dress and unconventional brands: Your brand is your image, but it’s more than just a name or logo. Instant consumer recognition can come from the look of your packaging, a unique store layout, a jingle, or the color, sound or even smell associated with your product. In 2022, companies keen to differentiate themselves in the market will increasingly claim the importance of their trade dress.

3. The FTC will carefully review your influencer recommendations: Businesses have come to rely heavily on online reviews and endorsements from social media influencers and celebrities to reach consumers, but these forms of advertising are all subject to further scrutiny. Now that the FTC is asserting its authority in this area through the Penalty Offense Authority, we can expect an increase in actions in this area.

4. The rise of DTV means the rise of new legal problems: NFTs (or non-fungible tokens) are probably the most publicized – and least understood – asset currently invading our newsfeeds. As businesses and investors seek new ways to monetize digital content, we anticipate a new collision between First Amendment, copyright and trademark issues.

Our lawyers practice at the forefront of trademark, copyright and intellectual property law at large, and work on important issues in each key jurisdiction. We translate this advantage for you through pragmatic and effective business advice and solutions.


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