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California enacts PFAS prohibition for textiles

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By Jeff Margulies (US), Will Troutman (US) & Ray Muro (US) on September 30, 2022

California Governor Gavin Newsom has signed AB 1817 into law, adding to the growing list of state legislation restricting the use of PFAS substances in a variety of consumer products.

As of January 1, 2025, AB 1817 prohibits the manufacture…

US lamp saga continues with onset of 45 lpw rule

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By Will Troutman (US) & Ray Muro (US) on May 23, 2022

In a fitting continuation of the battle for light bulbs, the US Department of Energy recently finalized rules prohibiting the sale of most general use lamps with an efficiency rating of less than 45 lumens per watt (lpw)(for anyone new…

California issues second set of revisions to Prop 65 short form warning regulation

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By Jeff Margulies (US), Will Troutman (US) & Eva Yang (US) on May 3, 2022

In the latest twist in California’s never-ending saga to amend the Proposition 65 “short-form” warning regulation, there’s now been a second proposed change. The California Office of Environmental Health Hazard Assessment (OEHHA) has been for some time attempting to…

Plaintiffs must actually intend to use services for website accessibility claims

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By Jeff Margulies (US) & Eva Yang (US) on October 25, 2021

Businesses scored a win in a recent California Court of Appeal decision affirming a defense jury verdict in a website accessibility lawsuit. In Cheryl Thurston v. Omni Hotels Management Corp., the court held that for a plaintiff to prevail…

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Consumer products and IP (Part 6): deriving a copyright for consumer products

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By Tamsen Barrett (US), Thomas Orsak (US) & Sean Patrick McGinley (US) on September 13, 2021

Although other forms of intellectual property tend to be most relevant to consumer product makers, copyright ownership is also an important consideration and can play a key role in product development and protection. Copyrights protect artistic works, and given the…

Consumer products and IP (Part 5): the download on trademarks for consumer products

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By Tamsen Barrett (US), Thomas Orsak (US) & Sean Patrick McGinley (US) on August 11, 2021

Given the influence trademarks have on consumer decisions, proactive strategies by consumer product companies can yield short- and long-term gains. Trademarks influence consumers by connecting a product to a company—a simple means to increase recognition and boost sales. But, ignoring…

Consumer products and IP (Part 4): demystifying the impact of trade secret misappropriation for consumer products

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By Tamsen Barrett (US), Thomas Orsak (US) & Sean Patrick McGinley (US) on June 30, 2021

Trade secrets protect consumer product companies by preventing competitors from stealing unique knowledge. Rights under trade secret law cover valuable knowhow that is not publicly known. In enforcing their rights, companies can prevent the exchange of information, taking of documents,…

How data privacy can affect consumer goods

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By Will Troutman (US) on June 2, 2021

Check out this recent post on our NT Analyzer blog from my colleagues, Steve Roosa and Dan Rosenzweig, regarding data privacy impacts on the consumer markets/retail space. Steve and Dan will be featured tomorrow, June 3, at the International Association…

Consumer products and IP (Part 3): the intersection between consumer products and design patents

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By Tamsen Barrett (US), Thomas Orsak (US) & Sean Patrick McGinley (US) on May 25, 2021

Although utility patents are far-and-away the most common type of patents, design patents present additional options for protecting consumer products. These patents stop competitors from copying a product’s unique and inventive look and/or design. Recent decisions have granted significant infringement…

Consumer products and IP (Part 2): what’s a patent got to do with it?

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By Tamsen Barrett (US), Thomas Orsak (US) & Sean Patrick McGinley (US) on May 20, 2021

Consumer product companies face unique exposure to utility patent infringement. Patents can impact multiple aspects of consumer products, from manufacturing and shipping to compositions and use.

Active patent management strategies can help avoid liability while simultaneously protecting rights. Understanding these…

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