Can adding a single word to a trademark save it from a likelihood of confusion finding? According to a recent Federal Circuit decision, the answer is no—at least when the
Continue Reading A Single Word Difference in a Trademark May Not Save a Likelihood of Confusion Finding
Supreme Court Agrees to Take Up Trademark Strength Issue in Rise Brewing Trademark Case Against PepsiCo Over “Mtn Dew Rise”
On June 29, the Supreme Court agreed to review the question of whether judges or juries should decide a trademark’s inherent strength when assessing whether consumers are likely to be
Continue Reading Supreme Court Agrees to Take Up Trademark Strength Issue in Rise Brewing Trademark Case Against PepsiCo Over “Mtn Dew Rise”Big Game Advertising Questions
Q: Why do companies refer to the Super Bowl as The Big Game in their advertising?
A: Because the Super Bowl is trademarked, but The Big Game is not. Of
Continue Reading Big Game Advertising QuestionsFTC’s Unfair/Deceptive Fees Rule Takes Effect
The Federal Trade Commission’s (FTC) Rule on Unfair or Deceptive Fees, 16 C.F.R. Part 464, is effective as of May 12, 2025. According to the FTC’s recent press release
Continue Reading FTC’s Unfair/Deceptive Fees Rule Takes EffectAnnual Super Bowl Post
My favorite blog post of the year—where I get to assess the best commercials, track the rise in ad costs, and challenge you to identify your favorite celebrity endorsement.
This
Continue Reading Annual Super Bowl PostFTC’s Final Changes to COPPA Rule
Earlier this month, the Federal Trade Commission (FTC) announced that it had finalized changes to the Children’s Online Privacy Protection Act (COPPA) Rule to set new requirements around the collection
Continue Reading FTC’s Final Changes to COPPA RuleFTC’s List of Key Accomplishments
Yesterday the Federal Trade Commission (FTC) released a 65-page report detailing what it views as its accomplishments over the last four years. In a press release summarizing the report, the
Continue Reading FTC’s List of Key AccomplishmentsRule Banning Junk Ticket and Hotel Fees
Earlier this month, the Federal Trade Commission (FTC) announced a final rule—dubbed the Junk Fees Rule—to address what it views as deceptive pricing practices that cause harm to consumers and
Continue Reading Rule Banning Junk Ticket and Hotel FeesHoliday Marketing Tips & Trends
With Black Friday and Cyber Monday only recently behind us, and with Christmas and New Years’ closing in soon, the deals are endless and consumer spending is amplified. The goal
Continue Reading Holiday Marketing Tips & TrendsCopyright Claims Board Stats
The Copyright Claims Board (CCB) was established by the Copyright Alternative in Small-Claims Enforcement Act passed by Congress on December 27, 2020 and began accepting claims in June 2022. It
Continue Reading Copyright Claims Board Stats