The advent of generative-AI tools has brought challenging questions of accountability to the forefront, especially when those tools generate content that may infringe on someone’s copyright. Determining liability—whether it falls
Continue Reading Developers’ Liability for Infringing Generative-AI OutputsElizabeth A. Patton
Protections Under Trade Secret Law
My colleagues Cali Roth Spota and Anthony J. Noonan recently wrote a comprehensive summary of trade secret law that you can read in the alert here. In their summary…
Continue Reading Protections Under Trade Secret LawNAD Case Decision Summaries
The National Advertising Division (NAD) issues decisions on a periodic basis involving advertising claims submitted to it for review. Although the full case decisions are not publicly available without a…
Continue Reading NAD Case Decision SummariesBeware Made in USA Advertising
A few weeks ago, the Federal Trade Commission (FTC) reached an agreement with Williams-Sonoma over a lawsuit alleging that it listed multiple products as being “Made in USA” that were…
Continue Reading Beware Made in USA AdvertisingUSPTO’s Guidance on AI-Based Tools
Earlier this month, the United States Patent and Trademark Office (USPTO) and the United States Department of Commerce issued guidance on the use of artificial intelligence tools when practicing before…
Continue Reading USPTO’s Guidance on AI-Based ToolsSCOTUS Extends Copyright Damages
Last week, the U.S. Supreme Court issued an opinion holding that the U.S. Copyright Act does not have a time limit for monetary recovery. That means that copyright owner can…
Continue Reading SCOTUS Extends Copyright DamagesNAD Rejects Use of R Symbol
Earlier this month, the National Advertising Division (NAD) of the Better Business Bureau (BBB) announced a recommendation that Planting Hope Brands, LLC discontinue use of the ® (registered trademark symbol)…
Continue Reading NAD Rejects Use of R SymbolNAD Reiterates Health Claim Guidance
The National Advertising Division (NAD) of the Better Business Bureau (BBB) recently reminded advertisers that tout the benefits and health-related features of their products to be mindful of the Federal…
Continue Reading NAD Reiterates Health Claim GuidanceFTC Proposes Non-Compete Ban
Earlier today, the Federal Trade Commission (FTC) announced that it had voted to essentially ban all non-compete agreements in the United States. Specifically, the FTC issued a final proposed rule…
Continue Reading FTC Proposes Non-Compete BanProtecting Golf Courses with BIRDIEs
In February, a bill was introduced in the United States House of Representatives by Brian Fitzpatrick (R-PA) and Jimmy Panetta (D-CA) called the “Bolstering Intellectual Rights against Digital Infringement Enhancement…
Continue Reading Protecting Golf Courses with BIRDIEs