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The Taylor Swift Effect

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

New USPTO Madrid Protocol Webpages

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

Protecting Your IP & Confidential Info

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

FTC’s Proposed Rule on Fake Reviews

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

FTC Updates Endorsement Guides

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

When Football & TMs Don’t Mix

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

2023 Minnesota Legislative Session Employment Law Updates: What Employers Need to Know Now

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

Another AI Post? You bet.

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

FTC’s Newest Notice of Penalty Offenses

Last week the Federal Trade Commission (FTC) issued a press release stating that it “is putting hundreds of advertisers on notice that they should avoid deceiving consumers with advertisements that make product claims that...more

Copyright Office Addressing AI

These days, does a week go by without something new in the artificial intelligence (AI) world? This week the Copyright Office issued a Policy Statement to “clarify its practices for examining and registering works that...more

SB Commercial Debate 2023

Would it even be the Super Bowl if there wasn’t a blog post asking about your favorite commercials? Are your top choices dictated by the product, the celebrity, or the content? Did you prefer the spoofs on something familiar...more

For All Fireball Lovers

Has there been an uptick in lawsuits involving false advertising of inexpensive products? Seems like it, or maybe I’m just paying more attention. The latest one I read about is a class-action lawsuit against the maker of...more

FTC Seeks Comments on “Green Guides”

The Federal Trade Commission (FTC) announced earlier this month that it is seeking public comments on potential updates to its “Guides for the Use of Environmental Marketing Claims” (“Guides,” also known as “Green Guides”)....more

FTC Goes After Fake Reviews

This week, the Federal Trade Commission (FTC) and six states filed a lawsuit against rental listing platform Roomster Corp. and its owners based on their posting of fake positive reviews, claiming to offer verified and...more

USPTO Updates – Aug. 2022

Commencing August 1, 2022, the U.S. Patent and Trademark Office (USPTO) is modernizing the patent and trademark assignment request process because, going forward, users will submit requests virtually using the Electronic...more

New Copyright Claims Board

The quicker, streamlined, and less expensive method for resolving copyright infringement matters valued at under $30,000 will soon be available to copyright enforcers. Currently scheduled to begin hearing cases in Spring...more

USPTO Cuts Russian IP Ties

On March 22, the United States Patent and Trademark Office (USPTO) announced that it was breaking its final ties with Russia’s intellectual property agencies. Specifically, the USPTO has terminated engagement with officials...more

FTC’s New Guidance for Online Reviews

In January, the Federal Trade Commission (FTC) issued new guidance for retailers that use review platforms and comparison websites to boost their online reputation as well as guidance for websites that feature customer...more

A.I. Artwork Not Copyrightable

On February 14, 2022, the Review Board of the United States Copyright Office issued an opinion letter denying a claimant’s second request for reconsideration to register an Artificial Intelligence artwork piece titled “A...more

USPTO Implements Trademark Modernization Act

On December 18, 2021, regulations implementing the Trademark Modernization Act of 2020 went into effect. According to the USPTO’s website, the changes provide individuals, businesses, and the USPTO with “new tools to clear...more

Pumpkin or Squash?

As Fall comes to an end and we’ve consumed enough pumpkin pie to last us until next year, we remind you of the pumpkin vs. squash advertising debate that is more mind-boggling than what Grandma brought to your Thanksgiving...more

How Does HIPAA Compare To GDPR?

I dive into the HIPAA weeds on a daily basis, and am sometimes asked about similarities and differences between HIPAA and the European Union’s General Data Protection Regulation (GDPR). Fox colleague Nate Williams provoked...more

FTC Warns About Reviews & Endorsements

Earlier this month, the Federal Trade Commission (FTC) announced that it is now using its Penalty Offense Authority to remind companies not to use fake online reviews or other deceptive endorsements and that stiff penalties...more

USPTO Seeks To Register Its Own Marks

Whether the United States Patent and Trademark Office (USPTO) possessed trademark registrations for its own trademarks was honestly not something I had ever thought about before. But then I received a link to the Director’s...more

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