Hunton Retail Law Resource

In granting a summary judgment motion on June 16, 2023, the Southern District of Florida Bankruptcy Court developed a new framework to determine the ownership rights to a corporate social media account. The court found that Vital Pharmaceuticals, the manufacturer and seller of “Bang” energy drinks, is the rightful owner of three social media accounts used to market Vital’s products, rather than the company’s former CEO who often posted to the accounts.

Signed into law on December 27, 2020, the Trademark Modernization Act of 2020 (TMA) provides amendments to existing federal trademark law that will assist US retailers and other businesses with branding decisions. Congress passed the TMA as part of the COVID-19 relief and government-funding bill.

In an 8-1 decision, the Supreme Court held in U.S. Patent and Trademark Office v. Booking.com that "generic.com" marks may be registered trademarks or service marks when consumers do not perceive them as generic.