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 Act.” Not coincidentally, it’s being called the “BIRDIE Act,” so apparently someone was working hard on their acronyms that day.
Continue Reading Protecting Golf Courses with BIRDIEsThis week, the Federal Trade Commission (FTC) and Department of Justice (DOJ) submitted a comment…
Continue Reading New Comment on Right to Repair ProductsThe United States Patent and Trademark Office (USPTO) has announced the retirement of its Electronic…
Continue Reading USPTO’s New Assignment CenterI look forward to posting about the Super Bowl every year — not because I…
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Social media has taken over, with social media users nearly doubling from 2.3 billion in 2016, to 4.2 billion in 2021.[1] Social media platforms provide direct access to consumers…
Continue Reading #AD: FTC Guidance on Companies’ Use of InfluencersLast summer, we posted about the Federal Trade Commission’s (“FTC’) new labeling rule on products that allege to be “Made in USA”, which you can read here. Last week…
Continue Reading FTC Brings Complaint for False “Made in USA” ClaimsThe United States Patent and Trademark Office (USPTO) maintains two trademark Registers: the Principal Register and the Supplemental Register. As the chart below shows, these Registers share some important commonalties…
Continue Reading Trademark Registrations: The Principal Register vs. Supplemental RegisterIn 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…
Continue Reading Think Twice Before Using That Emoji 🤯🤢😂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…
Continue Reading U.S. Copyright Office Weighs in on the Right to Repair Digital DevicesRecently, the Federal Trade Commission (“FTC”) issued a new rule to prevent “Made in USA” labels from being used fraudulently. This new rule codifies the FTC’s policy which requires products…
Continue Reading Is it Actually “Made in USA”?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…
Continue Reading Name, Image and Likeness Legislation Changes College SportsFor the first time in nearly three years, the USPTO will be adjusting its fees for Trademark Registrations and for filing fees related to proceedings involving the Trademark Trial and…
Continue Reading Want to Save Money? Address Your Trademark Issues Now.The Federal Trade Commission (FTC) has reported a three-fold increase in consumer reports about scams arising on social media since last year as well as a spike around the time…
Continue Reading Beware of Online ScammersAbout this Blog
Above the Fold is a blog that focuses on trends and developments in the law of advertising, trademarks, and copyrights. Our target audience includes professionals in advertising and marketing and in-house counsel who deal with advertising issues.