Kattison Avenue | Issue 11

Summer has flown by in a flash, ushering in the season of cooler weather, giving thanks and the fall edition of Kattison Avenue. This issue examines a variety of hot topics in the advertising industry, including “junk fees,” deceptive marketing tactics known as “dark patterns,” and the early impacts of artificial intelligence (AI). The edition begins with an article by associate Catherine O’Brien on the Federal Trade Commission’s proposed rule to combat “junk fees,” in response to the Biden administration’s call for more transparent pricing in the consumer marketplace. She emphasizes that this regulation has the potential to significantly impact almost all industries. Up next is partner Michael Justus’ piece on key takeaways from the bellwether AI copyright case, Thomson Reuters Enterprise Center GmbH v. ROSS Intelligence, Inc., which is the first summary judgment ruling on fair use of copyrighted material to train generative AI models. This decision provides insight into how an appeals court may view generative AI copyright issues, such as registration and infringement of compilations. Then, associate Matthew Hartzler discusses motions to dismiss baseless trademark infringement claims, noting that meritless cases are not easily thrown out of court, as demonstrated by a recent lawsuit between two competing children’s clothing manufacturers. Finally, associate Cynthia Martens follows up Michael’s AI piece with her article on the use of generative AI to create marketing copy, trademarks or logos, and whether these tools can really replace human copywriters. We wish you a joyful and healthy holiday season. Happy reading!

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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