Late last year, the Federal Deposit Insurance Corporation (“FDIC”) announced that it had adopted a Final Rule designed “to modernize the rules governing use of the official FDIC signs and advertising statements, and to...more
Last month, the Ninth Circuit reeled back protections for digital media platforms on which scam ads are found. Calise v. Meta Platforms, Inc., 103 F.4th 732 (9th Cir. 2024) Section 230(c)(1) of the Communications Decency Act...more
8/1/2024
/ Breach of Contract ,
Communications Decency Act ,
Corporate Counsel ,
Facebook ,
False Advertising ,
Federal Trade Commission (FTC) ,
Metaverse ,
Online Platforms ,
Scams ,
Section 230 ,
Social Media ,
Third-Party
Data recently released by the Federal Trade Commission (FTC) shows how likely it is for a typical communication from a well-known company to be a scam in disguise. Whether it’s a fabricated email, a security pop-up with a...more
The advent of generative-AI tools has brought challenging questions of accountability to the forefront, especially when those tools generate content that may infringe on someone’s copyright. Determining liability—whether it...more
A few weeks ago, the Federal Trade Commission (FTC) reached an agreement with Williams-Sonoma over a lawsuit alleging that it listed multiple products as being “Made in USA” that were made in China and other countries and...more
The National Advertising Division (NAD) issues decisions on a periodic basis involving advertising claims submitted to it for review. Although the full case decisions are not publicly available without a subscription, the...more
Earlier this month, the United States Patent and Trademark Office (USPTO) and the United States Department of Commerce issued guidance on the use of artificial intelligence tools when practicing before the USPTO. As...more
The National Advertising Division (NAD) of the Better Business Bureau (BBB) recently reminded advertisers that tout the benefits and health-related features of their products to be mindful of the Federal Trade Commission’s...more
Earlier this month, the National Advertising Division (NAD) of the Better Business Bureau (BBB) announced a recommendation that Planting Hope Brands, LLC discontinue use of the ® (registered trademark symbol) in advertising a...more
Earlier today, the Federal Trade Commission (FTC) announced that it had voted to essentially ban all non-compete agreements in the United States. Specifically, the FTC issued a final proposed rule banning new non-competes...more
In February, a bill was introduced in the United States House of Representatives by Brian Fitzpatrick (R-PA) and Jimmy Panetta (D-CA) called the “Bolstering Intellectual Rights against Digital Infringement Enhancement Act.”...more
This week, the Federal Trade Commission (FTC) and Department of Justice (DOJ) submitted a comment to the U.S. Copyright Office to advocate for renewed and expanded exemptions to the Digital Millenium Copyright Act (DCMA),...more
The United States Patent and Trademark Office (USPTO) has announced the retirement of its Electronic Patent Assignment System (EPAS) and Electronic Trademark Assignment System (ETAS) and the launch of its new Assignment...more
This past week, the Federal Communications Commission (FCC) announced in a press release that it has banned the use of AI-generated voices in robocalls. Specifically, the FCC adopted a ruling that finds calls using...more
The U.S. Copyright Office has issued a final rule amending the procedures for the still-new “small claims court” proceedings before the Copyright Claims Board (CCB) established last year that we previously blogged...more
Intuit, Inc. certainly had a disparate week in the world of advertising, with the high of sponsoring the AFC and NFC championship games and the low of an order finding that it had engaged in deceptive advertising. Just a few...more
Last week, the New Jesey local restaurant — Gregory’s Restaurant & Bar in Somers Point — gave up its “Taco Tuesday” trademark in New Jersey, in favor of resolving a legal dispute with Taco Bell. This comes on the heels of...more
Whether you’re a Taylor Swift die-hard fan or not, you can’t deny that her marketing power is second to none. And not just for her own music and brand promoted by herself.
I am uncertain if anyone has gotten to the bottom...more
The United States Patent and Trademark Office (USPTO) recently issued a bulletin on the New Madrid Protocol webpages for international trademark applicants (govdelivery.com). Specifically, the USPTO explains that its website...more
In a world where non-compete agreements are being curtailed or outright banned, companies need to enhance their use of other ways to protect their intellectual property and confidential information when their employees leave...more
10/2/2023
/ Brand ,
Competition ,
Confidential Information ,
Documentation ,
Employee Privacy Rights ,
Intellectual Property Protection ,
Marketing ,
Non-Compete Agreements ,
Non-Disparagement Provisions ,
Non-Solicitation Agreements ,
Trade Secrets
Earlier this summer, the Federal Trade Commission (FTC) proposed a new rule to combat the use of fake reviews, which are deceptive to consumers. The FTC is seeking comments on the proposed rule by the end of September in...more
Late last week, the Federal Trade Commission (“FTC”) announced that it had updated its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsements Guides”) to clarify guidance for advertisers with...more
Anyone who’s followed this blog knows that I’ve done a few (really more than a few) posts about the evolution of the Washington football team’s trademark battles. As a reminder, after ultimately winning its trademark fight to...more
The 2023 Minnesota legislative session, which ended May 22, was chock-full of critical employment law developments that will have immediate and ongoing impacts for employers in Minnesota on a variety of fronts, including paid...more
The Federal Trade Commission (FTC) is warning companies to “Keep your AI claims in check.” An FTC Business Blog post states that consumers have been primed through generations of stories about inanimate objects coming to life...more