Advertising & Marketing

In a decision issued last month, the National Advertising Division (“NAD”) determined that the use of emojis in an advertisement is enough to constitute a claim. Stokely-Van Camp, the manufacturer of Gatorade challenged four of BodyArmor’s express claims which were made in a social media post. In the video, Baker Mayfield, BodyArmor endorser and Cleveland

Congress is now taking steps to beef-up cyber security regulations at the federal level.  The Senate introduced a bill titled the “Cyber Incident Reporting Act of 2021,” which requires covered entities—meaning an entity that owns or operates critical infrastructure—to promptly report cyber security breaches to a Cyber Incident Review Office, which then receives, aggregates, and

As Fall comes to an end and we’ve consumed enough pumpkin pie to last us until next year, we remind you of the pumpkin vs. squash advertising debate that is more mind-boggling than what Grandma brought to your Thanksgiving feast.

To wit, canned pumpkin is not always canned pumpkin.  Canned pumpkin is sometimes packed from

The U.S. Copyright Office (“USCO”) is expanding the right to repair digital devices via exemptions to the Digital Millennium Copyright Act (“DMCA”)’s rules governing access to devices and software, which includes automobiles and medical devices.  Enacted in 1998, the DMCA works to prohibit people from circumventing technological measures used by copyright owners to control access

On September 1, 2021, the Food and Drug Administration’s final “intended use” rule will go into effect.  The update is meant to clarify the “intended use” regulations for pharmaceutical products and medical devices.  According to the FDA, this “should reduce manufacturer and stakeholder uncertainty regarding the scenarios in which specific types of evidence may or

In a recent precedential decision, the TTAB confronted the issue of timeliness of discovery requests served in opposition and cancellation proceedings—namely, whether Eastern Standard Time (EST) controls the timeliness of service of such discovery requests, regardless of the geographic location of the serving party.  While not a particularly exciting legal issue, it is no doubt

The NCAA announced that it will allow student-athletes throughout the country to profit from their name, image, and likeness (“NIL”) starting on July 1, 2021, which marks a major shift from the NCAA’s longstanding amateurism model.  So far, nine states—including Alabama, Florida, Georgia, Mississippi, New Mexico, Texas, Kentucky, Ohio, Oregon, and Illinois—have signed NIL legislation