General Advertising Industry News & Updates

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

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 news cycle remains dominated by COVID-19 issues.  One thing we’re watching is whether and to what extent the World Trade Organization (WTO) will waive intellectual property (IP) protections for vaccines in an attempted effort to increase global access to vaccines.

A broad proposal for waiver on enforcement of IP related to COVID-19 prevention, containment,

While the NFL’s Washington Football Team decides on a more permanent name (likely in 2022), its hopes of trademarking its current moniker have been put on ice.  On June 18, 2021, the United States Patent and Trademark Office (“USPTO”) issued an initial refusal of the Team’s application to trademark “Washington Football Team,” nearly a year

In case you missed it, Maryland became the first state back in February to pass a digital advertising services tax into law (and over the governor’s veto no less).  The law, titled Digital Advertising Gross Revenues Tax, is designed to tax annual gross revenues derived from “digital advertising services” (meaning advertisements on a digital interface