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Above the Fold

The Fox Rothschild Advertising, Trademark, & Copyright Blog

Elizabeth A. Patton

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New Copyright Claims Board

By Elizabeth A. Patton on March 29, 2022

The quicker, streamlined, and less expensive method for resolving copyright infringement matters valued at under $30,000 will soon be available to copyright enforcers. Currently scheduled to begin hearing cases in…
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Posted in Copyright, Copyright Litigation

USPTO Cuts Russian IP Ties

By Elizabeth A. Patton on March 23, 2022

On March 22, the United States Patent and Trademark Office (USPTO) announced that it was breaking its final ties with Russia’s intellectual property agencies.  Specifically, the USPTO has terminated engagement…
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Posted in Trademark Registration, Trademarks

FTC’s New Guidance for Online Reviews

By Elizabeth A. Patton on February 28, 2022

In January, the Federal Trade Commission (FTC) issued new guidance for retailers that use review platforms and comparison websites to boost their online reputation as well as guidance for websites…
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Posted in Advertising & Marketing, Advertising Claims

A.I. Artwork Not Copyrightable

By Elizabeth A. Patton on February 24, 2022

On February 14, 2022, the Review Board of the United States Copyright Office issued an opinion letter denying a claimant’s second request for reconsideration to register an Artificial Intelligence artwork…
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Posted in Copyright, Copyright Registration

USPTO Implements Trademark Modernization Act

By Elizabeth A. Patton on December 29, 2021

On December 18, 2021, regulations implementing the Trademark Modernization Act of 2020 went into effect.  According to the USPTO’s website, the changes provide individuals, businesses, and the USPTO with…
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Posted in Trademarks

Pumpkin or Squash?

By Elizabeth A. Patton on November 26, 2021

As Fall comes to an end and we’ve consumed enough pumpkin pie to last us until next year, we remind you of the pumpkin vs. squash advertising debate that is…
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Posted in Advertising & Marketing, Advertising Claims

FTC Warns About Reviews & Endorsements

By Elizabeth A. Patton on October 31, 2021

Earlier this month, the Federal Trade Commission (FTC) announced that it is now using its Penalty Offense Authority to remind companies not to use fake online reviews or other deceptive…
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Posted in Advertising & Marketing, General Advertising Industry News & Updates

New USPTO Trademark Manual

By Elizabeth A. Patton on August 29, 2021

ICYMI, a new Trademark Manual of Examining Procedure (TMEP) was released by the United States Patent and Trademark Office (USPTO) last month.  The July 2021 revision replaces and supersedes the…
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Posted in Trademark Registration, Trademarks

USPTO Seeks to Register Its Own Marks

By Elizabeth A. Patton on August 29, 2021

Whether the United States Patent and Trademark Office (USPTO) possessed trademark registrations for its own trademarks was honestly not something I had ever thought about before.  But then I received…
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Posted in Trademark Registration, Trademarks

USPTO Trademark Webinars for Small Businesses

By Elizabeth A. Patton on July 7, 2021

Throughout this summer, the United States Patent and Trademark Office (USPTO) is offering its series of virtual webinars dubbed “Trademark Basics Boot Camp.”  The series appears to be tailored to…
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Posted in Trademark Registration, Trademarks

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