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Above the Fold

The Fox Rothschild Advertising, Trademark, & Copyright Blog

Luke Toft

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Made In America – Or is it?

By Luke Toft on February 1, 2021
Made in the USA Banner

The United States Government is the largest single purchaser of goods and services in the world, spending over $550 Billion dollars a year. It has long been the policy…
Continue Reading Made In America – Or is it?

Posted in Advertising & Marketing, General Advertising Industry News & Updates, Trademarks

Expected Leadership Change At USPTO

By Luke Toft on January 27, 2021

The Biden administration brings with it a changing of the guard at the United Stated Patent and Trademark Office (USPTO). As is customary for at least the last several decades,…
Continue Reading Expected Leadership Change At USPTO

Posted in General Advertising Industry News & Updates

Want to Save Money? Address Your Trademark Issues Now.

By Luke Toft on November 18, 2020

For 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.

Posted in Advertising & Marketing, Brand Protection, Trademark Registration, Trademarks

Copyright Office Seeks Changes to Law To Help Copyright Owners

By Luke Toft on May 27, 2020

The U.S. Copyright Office recently called for changes to the Digital Millennium Copyright Act (“DMCA”). Congress enacted 17 U.S.C. § 512 of the DCMA to balance the threat of liability…
Continue Reading Copyright Office Seeks Changes to Law To Help Copyright Owners

Posted in Copyright

Does AI Infringe? Do You?

By Luke Toft on December 31, 2019

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Artificial Intelligence, commonly referred to as AI, is increasingly being used to perform tasks previously only capable of being done by humans. For example, some companies are pioneering automated journalism…
Continue Reading Does AI Infringe? Do You?

Posted in General Advertising Industry News & Updates

Trick or Treat

By Luke Toft on October 31, 2019

Happy Halloween! It is the day (or week, for some) of the year where we venture out pretending to be something we are not. Some may choose to go for…
Continue Reading Trick or Treat

Posted in Copyright, Trademarks

In Adopting the Registration Approach to Copyright Suits, SCOTUS Highlights a Statute of Limitations Issue

By Luke Toft on March 7, 2019

SCOTUS has finally resolved the copyright registration debate but in doing so has emphasized a statute of limitations issue of which we should all be aware. This post follows up…
Continue Reading In Adopting the Registration Approach to Copyright Suits, SCOTUS Highlights a Statute of Limitations Issue

Posted in General Advertising Industry News & Updates

Getting Rich Covfefe

By Luke Toft on January 31, 2019

We live in an era where news, information, and trends move very quickly. Words, phrases, or ideas that were obscure or non-existent yesterday can be the top trending story tomorrow.
Continue Reading Getting Rich Covfefe

Posted in Brand Protection, Trademarks

Update: Brand Enforcement Challenges

By Luke Toft on August 22, 2018

The General Data Protection Regulation, or GDPR, took effect May 25, 2018. As predicted, the GDPR has complicated access to WHOIS information (commonly used to look up the contact…
Continue Reading Update: Brand Enforcement Challenges

Posted in Brand Protection, General Advertising Industry News & Updates, Trademarks

Shifting Law on Embedded Content

By Luke Toft on June 30, 2018

We do it all the time, but is it legal? Maybe. Maybe not.

Embedding content from one source, e.g., a website, into another source, e.g., another website, is not uncommon.
Continue Reading Shifting Law on Embedded Content

Posted in Advertising & Marketing, General Advertising Industry News & Updates

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