The Federal Trade Commission (“FTC”) is cracking down on trade associations and paid influencers regarding the adequate disclosure of paid promotions. Recently, the FTC sent warning letters to two trade groups and twelve health influencers regarding certain Instagram and TikTok posts that promoted the safety of the artificial sweetener aspartame…
Continue Reading FTC Cautions Trade Groups, Influencers About Paid Social Media PromotionsLast week, the New Jesey local restaurant — Gregory’s Restaurant & Bar in Somers Point…
Continue Reading Taco Tuesday for AllWhether you’re a Taylor Swift die-hard fan or not, you can’t deny that her marketing…
Continue Reading The Taylor Swift EffectThe United States Patent and Trademark Office (USPTO) recently issued a bulletin on the New…
Continue Reading New USPTO Madrid Protocol WebpagesSubscribe to Above the Fold
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Social 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.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…
Continue Reading Beware of Online ScammersAbout 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.