Author Archives: John DiGiacomo

The answer is legally complicated since the Food and Drug Administration (“FDA”) has defined the term “healthy” to apply to foods, not dietary supplements. On the other hand, in some circumstances, certain types of oils — like olive oil — are now eligible to use the “healthy” label. Thus, if your supplement is an oil […]

If nurtured properly, trademarks can continue to function indefinitely, bringing continued and increasing value to the owners. There are, however, ways that trademarks can be “lost.” As an example, a trademark can be abandoned through lack of use or can be lost to the general public through the process of genericide. That happens when the […]

Social media influencing has become a big business. As such, influencers need experienced internet lawyers to help with their contracts and other legal needs. In early October 2025, there was a bit of a stir on the internet concerning claims that the Government of Israel, through its Ministry of Foreign Affairs, was paying social media […]

Most simply, the United States Patent and Trademark Office (“USPTO”) will not register cannabis-related trademarks because cannabis growing, sale, distribution, and use is still illegal under U.S. federal law. In particular, cannabis is still listed as a banned controlled substance under the Controlled Substances Act (“CSA”). The CSA is a federal statute and, as such, […]

The Anti-Cybersquatting Consumer Protection Act (“ACPA”) was passed by Congress in 1999 with the intent of preventing and punishing the nefarious behavior of cybersquatting. Cybersquatting refers to several types of behavior involving registration of domain names that are similar to domain names associated with famous trademarks and brands. In general, the criminal scam is either […]

In May 2025, as part of a settlement of litigation involving college football, a new entity was created called the College Sports Commission (“CSC” or “Commission”). See news media reports here and here. Among many other purposes, the CSC will monitor and approve name, image, and likeness (“NIL”) agreements for college athletes. As the term […]

Trademarks are words, designs, symbols, logos, and other things that are used/associated with goods or services that identify the specific commercial source of the goods/services. COCA-COLA, APPLE, and GUCCI are just a few famous examples. If COCA-COLA is on the bottle, consumers know what to expect from the beverage in the bottle. The same for […]

Getting an endorsement deal as a social media influencer may be a seminal event financially and for the progress of your career. However, the question always has to be asked whether your endorsement deal is fair. In other words, are you getting paid what you are worth? There are a number of factors that can […]

The differences between trademarks and copyrights can be confusing. Both are similar in the following ways: However, understand that trademarks and copyrights are very different. The most important difference involves what they protect legally. Copyrights protect original works of authorship like books, movies, art, music, games, photographs, etc. Trademarks protect words, logos, designs, marks, and […]

“COPPA” is an acronym that stands for the “Children’s Online Privacy Protection Act,” which is a federal statute. Generally speaking, COPPA was enacted to protect the privacy of minors under the age of 13 from websites and online services that target children and that collect personal data about said children. COPPA applies to any business […]