The first U.S. appellate court to weigh in on whether AI training on copyrighted material qualifies as fair use has sided with the copyright holder. On September 29, 2026, the Third Circuit affirmed the district court’s ruling in Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc., holding that…
Continue Reading The Third Circuit Just Handed Copyright Owners Their First Appellate Win in the AI Training Wars — And the Implications Reach Far Beyond Legal ResearchSame Game, New Jersey: Why the TTAB Refused to Let a Tweaked Mark and Narrowed Services Escape Claim Preclusion
The Trademark Trial and Appeal Board just reminded brand owners of a hard truth: you…
Continue Reading Same Game, New Jersey: Why the TTAB Refused to Let a Tweaked Mark and Narrowed Services Escape Claim PreclusionNinth Circuit Rules That a Parodic Dog Toy Does Not Dilute the Jack Daniel’s Brand: What Trademark Owners and Parodists Need to Know
On August 4, 2026, in VIP Products, LLC v. Jack Daniel’s Properties, Inc., the…
Continue Reading Ninth Circuit Rules That a Parodic Dog Toy Does Not Dilute the Jack Daniel’s Brand: What Trademark Owners and Parodists Need to KnowA Single Word Difference in a Trademark May Not Save a Likelihood of Confusion Finding
Can adding a single word to a trademark save it from a likelihood of confusion…
Continue Reading A Single Word Difference in a Trademark May Not Save a Likelihood of Confusion FindingSubscribe to Above the Fold
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When November 1st hits, you can almost guarantee that you will start hearing familiar Christmas songs, one of which being Mariah Carey’s “All I Want For Christmas.” The song has…
Continue Reading All I Want For Christmas Is…A Trademark?Yesterday, the Federal Trade Commission (“FTC”) filed suit against Electrowarmth Products, LLC and its owner, Daniel W. Grindle alleging that they falsely claimed some of their products were made in…
Continue Reading The FTC is Strictly Enforcing Its “Made In USA” Labeling RuleSocial media has taken over, with social media users nearly doubling from 2.3 billion in 2016, to 4.2 billion in 2021.[1] Social media platforms provide direct access to consumers…
Continue Reading #AD: FTC Guidance on Companies’ Use of InfluencersLast summer, we posted about the Federal Trade Commission’s (“FTC’) new labeling rule on products that allege to be “Made in USA”, which you can read here. Last week…
Continue Reading FTC Brings Complaint for False “Made in USA” ClaimsThe United States Patent and Trademark Office (USPTO) maintains two trademark Registers: the Principal Register and the Supplemental Register. As the chart below shows, these Registers share some important commonalties…
Continue Reading Trademark Registrations: The Principal Register vs. Supplemental RegisterIn a decision issued last month, the National Advertising Division (“NAD”) determined that the use of emojis in an advertisement is enough to constitute a claim. Stokely-Van Camp, the manufacturer…
Continue Reading Think Twice Before Using That Emoji 🤯🤢😂The U.S. Copyright Office (“USCO”) is expanding the right to repair digital devices via exemptions to the Digital Millennium Copyright Act (“DMCA”)’s rules governing access to devices and software, which…
Continue Reading U.S. Copyright Office Weighs in on the Right to Repair Digital DevicesRecently, the Federal Trade Commission (“FTC”) issued a new rule to prevent “Made in USA” labels from being used fraudulently. This new rule codifies the FTC’s policy which requires products…
Continue Reading Is it Actually “Made in USA”?The NCAA announced that it will allow student-athletes throughout the country to profit from their name, image, and likeness (“NIL”) starting on July 1, 2021, which marks a major shift…
Continue Reading Name, Image and Likeness Legislation Changes College SportsAbout this Blog
Above the Fold is a blog that focuses on trends and developments in the law of advertising, trademarks, and copyrights. Our target audience includes professionals in advertising and marketing and in-house counsel who deal with advertising issues.