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Above the Fold

The Fox Rothschild Advertising, Trademark, & Copyright Blog

The Supreme Court Will Decide the “Trump Too Small” Trademark Case

By Kristin Johnson on June 14, 2023

If you missed reading about this case, buckle up! It has some fascinating twists and turns, along with the opportunity to brush up on the Lanham Act and see how…

Continue Reading The Supreme Court Will Decide the “Trump Too Small” Trademark Case
Posted in General Advertising Industry News & Updates

SCOTUS Rules in Favor of Jack Daniel’s

By Maliya G. Rattliffe on June 12, 2023

A few months back, I wrote about the U.S. Supreme Court’s decision to engage in some “whiskey business.” Now, after hearing Jack Daniels’s appeal, SCOTUS has ruled in favor of…

Continue Reading SCOTUS Rules in Favor of Jack Daniel’s
Posted in Brand Protection, General Advertising Industry News & Updates, Trademarks

When Football & TMs Don’t Mix

By Elizabeth A. Patton on June 9, 2023
10420492 - football player catching a touchdown pass

Anyone who’s followed this blog knows that I’ve done a few (really more than a few) posts about the evolution of the Washington football team’s trademark battles. As a reminder…

Continue Reading When Football & TMs Don’t Mix
Posted in Trademark Registration, Trademarks

SCOTUS Holds Warhol’s “Prince Series” Is Not Fair Use

By Samia Young on May 22, 2023

Last week, in a 7–2 decision authored by Justice Sotomayor, the Supreme Court ruled that a 1984 work by artist Andy Warhol, portraying world-renowned singer Prince against an orange background…

Continue Reading SCOTUS Holds Warhol’s “Prince Series” Is Not Fair Use
Posted in General Advertising Industry News & Updates

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Rise in Fraud on TM Owners

By Elizabeth A. Patton on May 4, 2023

The has been a rise in fraudulent schemes targeting trademark applicants and owners, which is not surprising given the record number of applications being submitted to the United States Patent…

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Posted in Trademark Registration, Trademarks

Another AI Post? You bet.

By Elizabeth A. Patton on April 30, 2023
78977230 - business, technology internet and network concept

The Federal Trade Commission (FTC) is warning companies to “Keep your AI claims in check.” An FTC Business Blog post states that consumers have been primed through generations of stories…

Continue Reading Another AI Post? You bet.
Posted in Advertising & Marketing, Advertising Claims

Federal Agencies Pledge to Fight Discrimination in AI

By Fox Rothschild LLP on April 26, 2023

Four federal agencies have pledged to uphold the principles of fairness, equality, and justice in enforcement efforts against discrimination and bias in artificial intelligence (AI).

The Consumer Financial Protection Bureau…

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Posted in General Advertising Industry News & Updates

FTC’s Newest Notice of Penalty Offenses

By Elizabeth A. Patton on April 17, 2023
FTC

Last week the Federal Trade Commission (FTC) issued a press release stating that it “is putting hundreds of advertisers on notice that they should avoid deceiving consumers with advertisements that…

Continue Reading FTC’s Newest Notice of Penalty Offenses
Posted in Advertising & Marketing, Advertising Claims

Copyright Office Addressing AI

By Elizabeth A. Patton on March 31, 2023

These days, does a week go by without something new in the artificial intelligence (AI) world? This week the Copyright Office issued a Policy Statement to “clarify its practices for…

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Posted in Copyright, Copyright Registration

Got M*lk?

By Fox Rothschild LLP on March 31, 2023

The FDA Releases Draft Guidance re: Plant-Based Milk Alternatives.

The FDA is catching up with the increase in demand for plant-based milks that has occurred throughout the last ten…

Continue Reading Got M*lk?
Posted in Advertising & Marketing, General Advertising Industry News & Updates

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