Since 1995, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) have maintained intellectual property licensing guidelines, most recently updated in 2017. Those guidelines, titled “Antitrust Guidelines for the Licensing of Intellectual Property,” discuss how the FTC and DOJ evaluate licensing for patents, copyrights, trade secrets, and know-how and how they
Companies Encouraged to Review Advertising Practices to Ensure Social Media Influencers are in Compliance
Earlier this month, the Federal Trade Commission (FTC) and the U.S. Food and Drug Administration (FDA) issued warning letters to four companies using social media influencers to post on their behalf. According to the FTC and the FDA, the social media influencers’ posts were in violation of advertising and labeling laws due to misbranding and
The FTC Wants Honest Customer Reviews
The Federal Trade Commission (FTC), which enforces federal consumer protection and antitrust laws with the goal of promoting competition while protecting consumers from fraud, deception, and unfair business practices, has enforcement or administrative responsibility over dozens of laws, including the Consumer Review Fairness Act (CRFA). The CRFA is designed to protect consumers’ ability to share
Trademarking the Throne
On May 19, 2019, HBO’s hit series “Game of Thrones” aired its final episode. Although many fans are surely sad to see the popular series come to a close, us trademark fans have much “Game of Thrones” related intrigue to look forward to, as its trademarks live on.
Game of Thrones began back in 2011
FTC Settles False Advertising Claims with Sellers of Cognitive Enhancement Supplements
The Federal Trade Commission (FTC) has agreed to settle claims with individual and business sellers of cognitive enhancement products. The FTC previously filed a claim under the FTC Act, seeking to obtain permanent injunctive relief, restitution, the refund of monies paid, and other relief in connection with the sellers’ marketing and sale of the products.
Advertising in eSports
In recent years, an industry known as eSports has grown exponentially. For those who don’t know, eSports, or electronic sports, is a form of competition centered around video games. Primarily, individuals, or teams, compete in organized multiplayer video game competitions. Although people have been competing in video games since their existence, the popularity of organized
Fools’ Marketing
I only (very briefly) fell for one April Fools’ prank this year. Yesterday the University of Wisconsin tweeted what appeared to be a press release announcing that fans could no longer perform their “Jump Around” tradition at home football games due to concerns regarding seismic impacts. After realizing my mistake and the fact that it
Will the USPTO Change its Rules Regarding Foreign Trademark Applicants and Registrants?
The USPTO is seeking to change its federal trademark laws for trademark applicants, registrants, and parties who have are domiciled outside the United States. The proposed change would require applicants, registrants, and parties to hire a U.S.-licensed attorney for representation at the USPTO. Additionally, U.S.-licensed attorneys representing anyone before the USPTO in trademark matters would
In Adopting the Registration Approach to Copyright Suits, SCOTUS Highlights a Statute of Limitations Issue
SCOTUS has finally resolved the copyright registration debate but in doing so has emphasized a statute of limitations issue of which we should all be aware. This post follows up on my colleague’s prior posts (and here) regarding when a copyright holder can properly file a copyright infringement lawsuit.
Pursuant to 17 U.S.C. §
FTC Targets “Deceptive” Social Media Endorsements and Reviews
In recent years, the FTC has ramped up efforts to deter deceptive marketing practices on social media and customer review websites by issuing guidelines that apply to marketers and influencers alike and instituting enforcement actions against the guidelines’ most blatant violators. These actions have largely placed the onus on brands and companies to ensure that