On 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 ThemselvesThe First U.S. AI Copyright “Fair Use” Ruling Favors Copyright Owners
By Melissa E. Scott on
Yesterday, 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 OwnersAnnual Super Bowl Post
By Elizabeth A. Patton on
My 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 PostFTC’s Final Changes to COPPA Rule
By Elizabeth A. Patton on
Earlier 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 RuleFTC’s List of Key Accomplishments
By Elizabeth A. Patton on
Yesterday 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 AccomplishmentsNew Year, New Public Domain Works: Copyright Public Domain Day 2025
By Jordan Zolliecoffer on
Every 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 2025Rule Banning Junk Ticket and Hotel Fees
By Elizabeth A. Patton on
Earlier this month, the Federal Trade Commission (FTC) announced a final rule—dubbed the Junk Fees Rule—to address what it views as deceptive pricing practices that cause harm to consumers and…
Continue Reading Rule Banning Junk Ticket and Hotel FeesHEALTHY OR NOT? THE FDA’S NEW RULE REDEFINES WHAT “HEALTHY” MEANS ON FOOD LABELS
By Fox Rothschild LLP on
The FDA recently issued a final rule, which updates the definition for the implied nutrient content claim “healthy.” The definition change aims for “healthy” to be consistent with current nutrition…
Continue Reading HEALTHY OR NOT? THE FDA’S NEW RULE REDEFINES WHAT “HEALTHY” MEANS ON FOOD LABELSINFLUENCER SUING OVER AESTHETIC AND BRAND IDENTITY
By Fox Rothschild LLP on
Recently, influencer, Sydney Gifford is suing fellow, influencer, Alyssa Sheil, claiming misappropriation – this claim exceeds imitation, instead Gifford argues that Sheil appropriated her entire look, including her atheistic and…
Continue Reading INFLUENCER SUING OVER AESTHETIC AND BRAND IDENTITYHoliday Marketing Tips & Trends
By Elizabeth A. Patton on
With Black Friday and Cyber Monday only recently behind us, and with Christmas and New Years’ closing in soon, the deals are endless and consumer spending is amplified. The goal…
Continue Reading Holiday Marketing Tips & Trends