One of the most impactful copyright law issues of our time is whether the unauthorized use of copyrighted materials as training data for generative artificial intelligence (GenAI) models is protected fair use under the...more
Companies in all industries remain focused on implementing policies and training programs to govern employees’ use of generative AI (GenAI) tools. Meanwhile, early adopters with policies in place continue to evaluate and...more
Daniel Davis Shares Views on Digital Asset Regulation During House Subcommittee Hearing -
In testimony before the US House of Representatives Subcommittee on Commodity Markets, Digital Assets, and Rural Development, Daniel...more
5/31/2023
/ Biden Administration ,
Bitcoin ,
Cryptoassets ,
Cryptocurrency ,
Environmental Social & Governance (ESG) ,
European Parliament ,
Financial Conduct Authority (FCA) ,
HM Treasury ,
New York ,
Non-Fungible Tokens (NFTs) ,
Privacy Laws ,
Securities and Exchange Commission (SEC) ,
State Privacy Laws ,
UK
Florida Health Information Storage Changes Taking Effect on July 1 -
Foreign Interests in the health care provider environment have generally meant ownership interests of persons from outside of the state in which the...more
The speed of development of AI tools has been staggering. Each week in 2023 feels like years’ worth of innovation. Ever-more-powerful AI tools arrive daily to push the boundary of possibility forward. They also raise many...more
Do You Really Intend to Offer NFTs, Digital Collectibles and Virtual Goods? If Not, No Trademark -
The NFT explosion has led to a “gold rush” of thousands of new US trademark applications covering NFT-based digital files,...more
Editor's Note: This article is the second in a series by Katten attorneys examining NFTs and various novel legal issues raised by NFTs.
The NFT explosion has led to a “gold rush” of thousands of new U.S. trademark...more
A bigger question may be: how do companies prominently disclose ad content in a limitless space?
The metaverse virtual world is a shiny new sandbox for brands to play in. Just as sponsored content dominates social media,...more
Kattison Avenue examines the latest topics in advertising law affecting today's advertisers, advertising and promotions agencies, technology developers, content producers and entertainment companies.
...more
The Federal Trade Commission (FTC) is ramping up enforcement of deceptive advertising with formal notices to new industries, to companies using influencers and by harking back to notices it released more than 50 years ago....more
Kattison Avenue examines the latest topics in advertising law affecting today's advertisers, advertising and promotions agencies, technology developers, content producers and entertainment companies.
...more
On October 13, the Federal Trade Commission (FTC) put more than 700 US companies on notice not to deceive consumers by, among other things, falsely claiming an endorsement by a third party, misrepresenting that an endorser is...more
Dark Patterns Come to Light in California Data Privacy Laws -
Imagine this scenario: You are navigating through a website or watching an in-app ad, when suddenly you are redirected to a subscription page, even though you...more
5/13/2021
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Commercial Bankruptcy ,
Data Privacy ,
Data Protection ,
Federal Trade Commission (FTC) ,
FTCA Section 13(b) ,
Graphic Designs ,
Intellectual Property Agreements ,
Intellectual Property Litigation ,
Intellectual Property Protection
Kattison Avenue examines the latest topics in advertising law affecting today’s advertisers, advertising and promotions agencies, technology developers, content producers and entertainment companies.
...more
Kattison Avenue examines the latest topics in advertising law affecting today’s advertisers, advertising and promotions agencies, technology developers, content producers and entertainment companies.
...more
Gambling With Graffiti: Using Street Art on Goods or in Advertising Comes With Significant Risks -
Graffiti. Guerrilla Art. Street Art. Aerosol Art. Tagging. It appears on the sides of buildings, highway signs, boundary...more
8/5/2020
/ Acquired Distinctiveness ,
Advertising ,
Appeals ,
Booking.com ,
Domain Name Registration ,
Domain Names ,
Gambling ,
Generic Marks ,
Illegal Gambling ,
Intellectual Property Protection ,
Lanham Act ,
Marketing ,
Online Gaming ,
Price Gouging ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
...more
6/8/2018
/ Advertising ,
Class Action ,
Corporate Branding ,
False Advertising ,
Federal Trade Commission (FTC) ,
Health Claims ,
Issue Preclusion ,
Product Labels ,
Product Packaging ,
Self-Certification ,
Slogans ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks
On December 1, 2016, the US Copyright Office replaced its directory of designated agents for receipt of Digital Millennium Copyright Act (DMCA) notices of claimed infringement with a new electronic system. As part of this...more
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
...more
7/18/2017
/ Copyright ,
Corporate Branding ,
Design Patent ,
DMCA ,
Fashion Industry ,
Federal Trade Commission (FTC) ,
Influencers ,
Safe Harbors ,
Social Networks ,
Star Athletica v Varsity Brands ,
Websites
On December 1, the US Copyright Office replaced its directory of designated agents for receipt of Digital Millennium Copyright Act (DMCA) notices of claimed infringement with a new electronic system. As part of this process,...more
On March 15, 2016, the Federal Trade Commission (FTC) announced a settlement with department store Lord & Taylor ("L&T") relating to native advertising for its Design Lab collection of clothing in various online materials,...more
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
...more
3/16/2016
/ Adidas ,
Class Action ,
Discount Pricing ,
Fashion Industry ,
Federal Trade Commission (FTC) ,
Issue Preclusion ,
Native Advertising ,
Non-Use of Trademarks ,
Trademark Litigation ,
Trademark Opposition Proceedings ,
Trademark Trial and Appeal Board
The Federal Trade Commission (FTC) released two highly anticipated documents regarding "native" advertising, namely, its Enforcement Policy Statement on Deceptively Formatted Advertisements and Native Advertising: A Guide for...more
In a carefully crafted 7-2 decision in B&B Hardware, Inc. v. Hargis Industries, Inc., the Supreme Court of the United States reversed the US Court of Appeals for the Eighth Circuit and granted preclusive effect to Trademark...more
Key Takeaways -
- The US Supreme Court created a uniform test for standing for false advertising claims under Section 43(a) of the Lanham Act, resolving a three-way circuit split.
- The new standing test...more