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Above the Fold

The Fox Rothschild Advertising, Trademark, & Copyright Blog

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…

Continue Reading SCOTUS Extends Copyright Damages
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…

Continue Reading It’s Now or Never: The ELVIS Act Takes on AI in Music
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)…

Continue Reading NAD Rejects Use of R Symbol
Posted in Trademark Registration, Trademarks

NAD Reiterates Health Claim Guidance

By Elizabeth A. Patton on April 28, 2024

The National Advertising Division (NAD) of the Better Business Bureau (BBB) recently reminded advertisers that tout the benefits and health-related features of their products to be mindful of the Federal…

Continue Reading NAD Reiterates Health Claim Guidance
Posted in General Advertising Industry News & Updates

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FTC Proposes Non-Compete Ban

By Elizabeth A. Patton on April 23, 2024

Earlier today, the Federal Trade Commission (FTC) announced that it had voted to essentially ban all non-compete agreements in the United States. Specifically, the FTC issued a final proposed rule…

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Posted in General Advertising Industry News & Updates

Protecting Golf Courses with BIRDIEs

By Elizabeth A. Patton on March 29, 2024

In February, a bill was introduced in the United States House of Representatives by Brian Fitzpatrick (R-PA) and Jimmy Panetta (D-CA) called the “Bolstering Intellectual Rights against Digital Infringement Enhancement…

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Posted in Copyright

New Comment on Right to Repair Products

By Elizabeth A. Patton on March 15, 2024

This week, the Federal Trade Commission (FTC) and Department of Justice (DOJ) submitted a comment to the U.S. Copyright Office to advocate for renewed and expanded exemptions to the Digital…

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Posted in Copyright

USPTO’s New Assignment Center

By Elizabeth A. Patton on February 21, 2024

The United States Patent and Trademark Office (USPTO) has announced the retirement of its Electronic Patent Assignment System (EPAS) and Electronic Trademark Assignment System (ETAS) and the launch of its…

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Posted in Trademark Registration, Trademarks

Annual Super Bowl Blog Post

By Elizabeth A. Patton on February 11, 2024

I look forward to posting about the Super Bowl every year — not because I love football (I do) but because it’s the only time I actually appreciate watching commercials…

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

FCC Bans AI Robocalls

By Elizabeth A. Patton on February 11, 2024

This past week, the Federal Communications Commission (FCC) announced in a press release that it has banned the use of AI-generated voices in robocalls. Specifically, the FCC adopted a ruling…

Continue Reading FCC Bans AI Robocalls
Posted in Advertising & Marketing, General Advertising Industry News & Updates

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