While Andrew Ferguson advocates for a restrained regulatory approach at the FTC, his statements and voting record reveal clear priority areas where businesses can expect continued vigorous enforcement. Two areas stand out in...more
5/16/2025
/ Consumer Privacy Rights ,
COPPA ,
Data Collection ,
Data Privacy ,
Data Protection ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Location Data ,
Online Safety for Children ,
Personal Data ,
Privacy Laws ,
Regulatory Requirements ,
Social Media
Since Andrew Ferguson assumed the role of FTC chair in January 2025, following his year-long tenure as a commissioner, businesses have been watching closely for signals of how the agency might redirect its focus on privacy...more
Fair use — a critical defense in copyright law that allows limited use of copyrighted material without permission — has emerged as a key battleground in the wave of artificial intelligence (AI) copyright litigation. In a...more
2/17/2025
/ Algorithms ,
Artificial Intelligence ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Legal Technology ,
Machine Learning ,
Technology ,
Technology Sector
Trademark law protects businesses’ brand identities and helps prevent consumer confusion. The U.S. trademark system operates at both federal and state levels. Federal registration through the United States Patent and...more
12/11/2024
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Farm Bill ,
Intellectual Property Protection ,
Legalization ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
Regulatory Agenda ,
Trademark Application ,
Trademark Registration ,
Trademarks ,
USPTO
On June 13, 2024, the Supreme Court handed down its decision in Vidal v. Elster, a case that pitted trademark law against the First Amendment’s free speech protections. While the Court unanimously upheld the Patent and...more
6/21/2024
/ Constitutional Challenges ,
Donald Trump ,
First Amendment ,
Free Speech ,
Intellectual Property Protection ,
Lanham Act ,
SCOTUS ,
Trademark Application ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
USPTO ,
Vidal v Elster
As generative AI systems become increasingly sophisticated and widespread, concerns around the use of copyrighted works in their training data continue to intensify. The proposed Generative AI Copyright Disclosure Act of 2024...more
On May 9, 2024, the Supreme Court released its decision in Warner Chappell Music v. Nealy, a case with significant implications for damages available to plaintiffs in copyright infringement claims. The Court assumed, without...more
In a case that pitted two sellers of construction equipment against each other — I Dig Texas, LLC v. Creager — the U.S. Court of Appeals for the Tenth Circuit was tasked with excavating the truth behind claims of false...more
In the ever-evolving landscape of intellectual property law, a new federal bill has emerged to address the unique challenges faced by golf course designers and architects.
The Bolstering Intellectual Rights against...more
3/15/2024
/ Architects ,
Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Ownership ,
Design Patent ,
Golf Courses ,
Infringement ,
Intellectual Property Protection ,
New Legislation ,
Proposed Legislation ,
The Copyright Act
A new federal bill aims to put golf courses on “par” with other architectural designs by expanding federal copyright protection to golf courses. Copyright law in the United States, rooted in the U.S. Constitution, ensures...more
3/5/2024
/ Architects ,
Authorship ,
Copyright ,
Copyright Ownership ,
Design Patent ,
Golf Courses ,
Intellectual Property Protection ,
New Legislation ,
Popular ,
Proposed Legislation ,
The Copyright Act