In a recent precedential cancellation decision, the Trademark Trial and Appeal Board (“Board”) partially granted Respondent’s motion for summary judgment, holding that the parties’ stipulation that prior proceedings between them be dismissed “WITH PREJUDICE, with CONSENT of both parties, and without the entry of judgment against either party,” was sufficient…
Continue Reading TTAB Practitioners Beware: TTAB Dismissals With Prejudice, but Without Judgment, Can Support a Claim Preclusion DefenseThe U.S. Supreme Court Unanimously Rules That Successful Trademark Plaintiffs Cannot Recover Profits from Named Defendants’ Affiliates Without Suing the Affiliates Themselves
On February 26, 2025, the U.S. Supreme Court unanimously vacated a nearly $43 million award…
Continue Reading The U.S. Supreme Court Unanimously Rules That Successful Trademark Plaintiffs Cannot Recover Profits from Named Defendants’ Affiliates Without Suing the Affiliates ThemselvesYesterday, in the first U.S. ruling on the closely scrutinized question of fair use in…
Continue Reading The First U.S. AI Copyright “Fair Use” Ruling Favors Copyright OwnersMy favorite blog post of the year—where I get to assess the best commercials, track…
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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 SportsFor the first time in nearly three years, the USPTO will be adjusting its fees for Trademark Registrations and for filing fees related to proceedings involving the Trademark Trial and…
Continue Reading Want to Save Money? Address Your Trademark Issues Now.About 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.