The 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
AI and Copyright: What a Recent Court Ruling Means for AI Creators and Intellectual Property Rights
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 RightsAfter Competitor’s Challenge, NAD Recommends DREO’s Discontinuance of Claims of Being the No. 1 Fan and Heater Brand
Lasko 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 BrandTTAB Practitioners Beware: TTAB Dismissals With Prejudice, but Without Judgment, Can Support a Claim Preclusion Defense
In 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 DefenseThe U.S. Supreme Court Unanimously Rules That Successful Trademark Plaintiffs Cannot Recover Profits from Named Defendants’ Affiliates Without Suing the Affiliates Themselves
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
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
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
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
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
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 2025