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Above the Fold

The Fox Rothschild Advertising, Trademark, & Copyright Blog

Tips to Avoid Savvier Scammers

By Elizabeth A. Patton on July 31, 2024

Data recently released by the Federal Trade Commission (FTC) shows how likely it is for a typical communication from a well-known company to be a scam in disguise. Whether it’s…

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

Developers’ Liability for Infringing Generative-AI Outputs

By Elizabeth A. Patton on July 31, 2024

The advent of generative-AI tools has brought challenging questions of accountability to the forefront, especially when those tools generate content that may infringe on someone’s copyright. Determining liability—whether it falls…

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Posted in Copyright, Copyright Litigation

Protections Under Trade Secret Law

By Elizabeth A. Patton on June 13, 2024

My colleagues Cali Roth Spota and Anthony J. Noonan recently wrote a comprehensive summary of trade secret law that you can read in the alert here. In their summary…

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Posted in Advertising & Marketing

Supreme Court Rejects TRUMP TOO SMALL Trademark

By Anthony J. Noonan on June 13, 2024

“TRUMP TOO SMALL”

This is the trademark that Steve Elster has been trying to get registered for the past six years since filing his trademark application all the way back…

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Posted in General Advertising Industry News & Updates

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NAD Case Decision Summaries

By Elizabeth A. Patton on June 2, 2024

The National Advertising Division (NAD) issues decisions on a periodic basis involving advertising claims submitted to it for review. Although the full case decisions are not publicly available without a…

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Posted in Advertising & Marketing, Advertising Claims

Beware Made in USA Advertising

By Elizabeth A. Patton on June 2, 2024

A few weeks ago, the Federal Trade Commission (FTC) reached an agreement with Williams-Sonoma over a lawsuit alleging that it listed multiple products as being “Made in USA” that were…

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Posted in Advertising & Marketing, Advertising Claims

USPTO’s Guidance on AI-Based Tools

By Elizabeth A. Patton on May 13, 2024

Earlier this month, the United States Patent and Trademark Office (USPTO) and the United States Department of Commerce issued guidance on the use of artificial intelligence tools when practicing before…

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Posted in Trademark Registration, Trademarks

SCOTUS Extends Copyright Damages

By Elizabeth A. Patton on May 13, 2024

Last week, the U.S. Supreme Court issued an opinion holding that the U.S. Copyright Act does not have a time limit for monetary recovery. That means that copyright owner can…

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Posted in Copyright, Copyright Litigation

It’s Now or Never: The ELVIS Act Takes on AI in Music

By Jordan Zolliecoffer on April 30, 2024
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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…

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Posted in General Advertising Industry News & Updates

NAD Rejects Use of R Symbol

By Elizabeth A. Patton on April 28, 2024

Earlier this month, the National Advertising Division (NAD) of the Better Business Bureau (BBB) announced a recommendation that Planting Hope Brands, LLC discontinue use of the ® (registered trademark symbol)…

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Posted in Trademark Registration, Trademarks

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