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
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
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
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’s New Health Products Guidance...more
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
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
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
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
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
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
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
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
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
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
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
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
ICYMI, a new Trademark Manual of Examining Procedure (TMEP) was released by the United States Patent and Trademark Office (USPTO) last month. The July 2021 revision replaces and supersedes the October 2018 version, and it...more
Throughout this summer, the United States Patent and Trademark Office (USPTO) is offering its series of virtual webinars dubbed “Trademark Basics Boot Camp.” The series appears to be tailored to small business owners and...more
The news cycle remains dominated by COVID-19 issues. One thing we’re watching is whether and to what extent the World Trade Organization (WTO) will waive intellectual property (IP) protections for vaccines in an attempted...more
In case you missed it, Maryland became the first state back in February to pass a digital advertising services tax into law (and over the governor’s veto no less). The law, titled Digital Advertising Gross Revenues Tax, is...more
The pandemic relief and economic stimulus legislation that hurriedly passed Congress at the tail end of 2020, named the Consolidated Appropriations Act of 2021 (“the Act”), resulted in major changes to American trademark and...more
Thursday I attended the United States Patent and Trademark Office’s (USPTO) virtual webinar on trademark trends and current developments in the United States and in Israel. Among the speakers were Andrei Iancu, the Under...more
To apply for a federally-registered trademark with the United States Patent and Trademark Office (USPTO), an applicant is required under 15 U.S.C. § 1051 to, among other things, submit specimens of the mark and verify that it...more
The Federal Trade Commission (FTC) has reported a three-fold increase in consumer reports about scams arising on social media since last year as well as a spike around the time the COVID-19 pandemic began. This includes...more