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By Brooke Singer, Joy Wildes, ANNA SCHULER
What constitutes a "scandalous" trademark? The United States Patent and Trademark Office (USPTO) has been grappling with this question since the enactment of the 1905 Trademark Act
By James Johnston, Josh Gordon, Justin Lee, Jordan Thompson
The Supreme Court's 2018 decision in Murphy v. National Collegiate Athletic Association (Murphy) to overturn the Professional and Amateur Sports
By Marc Rachman, Devin Kothari
Over the past half-decade, Congress and the courts have made aggressive efforts to curb the worst abuses of the patent system. In 2013, Congress
By Richard Eisert, Gary Kibel, Oriyan Gitig, Vivien Byrwa
The California Consumer Privacy Act (CCPA), a comprehensive state privacy law that was passed and amended in 2018, is at the forefront of a rapidly changing privacy landscape in the United
By Allison Fitzpatrick, Paavana Kumar, Samantha Rothaus
Throughout 2018, regulators and self-regulators stayed focused on deceptive influencer marketing campaigns and native advertising practices across the United States.
By Gary Kibel, Oriyan Gitig, Justin Lee
2018 saw a surge of state data security legislation, including by Alabama, Arizona, California, Colorado, Iowa, Louisiana, Nebraska, Ohio, Oregon, South
By Joseph Lewczak, Kate Barry, Paavana Kumar
Recent developments continue to highlight the high risks associated with class action lawsuits brought under the Telephone Consumer Protection Act (TCPA).
By Howard Weingrad, Darren Fried
Just when you thought it was over, another copyright infringement lawsuit involving a Marvin Gaye song is set for trial.
By Ronald R. Urbach, Aaron Taylor, Louis Dilorenzo
As a regulatory force in its own right, the National Advertising Division (NAD) makes waves whenever it brings a challenge on its own behalf against a major
By Ronald R. Urbach, Stuart Lee Friedel, Louis Dilorenzo
It can be easy to focus solely on the Federal Trade Commission (FTC) when evaluating the regulatory landscape for advertising and marketing practices.
By Richard Eisert, Gary Kibel, Maxine Sharavsky
The use of biometric and location data has been on the rise for several years, but the expanded uses of this data must be reevaluated in light of the
By Sara Edelman, Kate Barry, Amy N. Mittelman
The Supreme Court handed down a unanimous copyright decision in March 2019 with implications for anyone involved in a copyright dispute, as well as for marketers and brands that create and use copyrighted materials.
By Stuart Lee Friedel, Rohini Gokhale, Amy N. Mittelman
Cannabidiol (CBD) appears to be everywhere lately — available as an additive in certain food and drink products, as an oil meant to be used as a dietary supplement and even in cosmetics.
By James Johnston, Josh Gordon, Samantha Rothaus
Among the many high-profile entertainment industry headlines in 2018, one case in particular stands out for its impact on the rising trend of "true crime" entertainment.
By Brooke Singer, Paavana Kumar, Amy N. Mittelman
The use of artificial intelligence (AI) in the fashion and beauty industries — and the marketing of the same — has steadily gained traction over the last few years and it's not hard to see why.
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