Effective on July 1, 2024, the Ensuring Likeness Voice and Image Security (ELVIS) Act will amend Tennessee’s Personal Rights Protection Act of 1984 to explicitly include protections for songwriters, performers
Continue Reading It’s Now or Never: The ELVIS Act Takes on AI in MusicWhat has become known as the “Sad Beige Lawsuit” ended on May 28, 2025, when influencer Sydney Nicole Gifford (“Gifford”) voluntarily dismissed all claims against fellow influencer Alyssa Sheil (“Sheil”)
Continue Reading Influencer Aesthetic Dispute Resolves by Voluntarily DismissalThe 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 Effect
In a significant decision, the United States Court of Appeals for the D.C. Circuit recently ruled that the Copyright Act of 1976 requires human authorship to register a work, affirming
Continue Reading AI and Copyright: What a Recent Court Ruling Means for AI Creators and Intellectual Property RightsLasko Products, LLC (“Lasko”) and the Hesung Innovation Corp./DREO Limited (“DREO”) are competitors, both specializing in the fan and heater market. Recently, Lasko filed a Fast-Track SWIFT challenge with the
Continue Reading After Competitor’s Challenge, NAD Recommends DREO’s Discontinuance of Claims of Being the No. 1 Fan and Heater BrandIn a recent precedential cancellation decision, the Trademark Trial and Appeal Board (“Board”) partially granted Respondent’s motion for summary judgment, holding that the parties’ stipulation that prior proceedings between them
Continue Reading TTAB Practitioners Beware: TTAB Dismissals With Prejudice, but Without Judgment, Can Support a Claim Preclusion DefenseOn February 26, 2025, the U.S. Supreme Court unanimously vacated a nearly $43 million award in a trademark dispute that raised the question of whether a defendant’s affiliates could be
Continue Reading The U.S. Supreme Court Unanimously Rules That Successful Trademark Plaintiffs Cannot Recover Profits from Named Defendants’ Affiliates Without Suing the Affiliates ThemselvesYesterday, in the first U.S. ruling on the closely scrutinized question of fair use in the AI-related copyright litigation context, U.S. Circuit Judge Stephanos Bilbas, sitting in the U.S. District
Continue Reading The First U.S. AI Copyright “Fair Use” Ruling Favors Copyright OwnersMy 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 PostEarlier 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 RuleYesterday 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 AccomplishmentsEvery year, the world celebrates the first of January as Public Domain Day, marking the release of copyrighted works into the public domain.
In 2024, we saw popular intellectual properties
Continue Reading New Year, New Public Domain Works: Copyright Public Domain Day 2025