Yesterday, in the Federal Register, the U.S. Copyright Office issued a notice of inquiry (NOI) regarding copyright and artificial intelligence (AI). The Office has decided to do a study on whether legislative or regulatory steps are necessary to address the copyright law and policy questions that arise from generative AI. In particular, the NOI seeks
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USPTO Clarifies Domicile Address Requirements in Trademark Applications
The Lanham Act requires the United States Patent and Trademark Office (“USPTO”) to collect the domicile information of all trademark applicants. This provides the evidence necessary to show the applicant is a real person or corporation domiciled in the United States or has authorized, licensed, U.S. representation.
On August 30, 2023, the USPTO issued…
FTC’s Proposed Rule on Fake Reviews
Earlier this summer, the Federal Trade Commission (FTC) proposed a new rule to combat the use of fake reviews, which are deceptive to consumers. The FTC is seeking comments on the proposed rule by the end of September in order to inform its decision-making on the proposal.
The FTC’s press release includes the following examples…
Taco Tuesday for All?
After years of owning the trademark registration “Taco Tuesday,” Taco Johns has agreed to drop it after Taco Bell petitioned the U.S. Patent and Trademark Office to have the registration killed due to it being a common phrase. However, Taco Bell didn’t act alone in this fight and enlisted the help of a beloved NBA…
Summerfest Files Federal Lawsuit Against TC Summer Fest for Trademark Infringement
Last weekend, July 14 and July 15, 2023, TC Summer Fest put on an event, touted as the “biggest rock weekend of the year” with a “two-day festival-style music event” which included The Killers, The Flaming Lips, Death Cab For Cutie, and Imagine Dragons. This was the TC Summer Fest’s first year; Milwaukee’s…
U.S. Supreme Court Concludes Federal Trademark Law Cannot Be Applied to Foreign Conduct
There have been many newsworthy rulings coming out of the Supreme Court in the last two weeks, so it is understandable if you missed this one. On Thursday, June 29, 2023, the U.S. Supreme Court ruled the Tenth Circuit wrongly upheld a $96 million jury verdict, limiting the international reach of U.S. Trademark law.
Abitron…
FTC Updates Endorsement Guides
Late last week, the Federal Trade Commission (“FTC”) announced that it had updated its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsements Guides”) to clarify guidance for advertisers with the goal of combating deceptive reviews and endorsements in violation of the FTC Act. According to the FTC’s announcement, the revisions include:
1)…
THE FCC Cracks Down on Cable Pricing
On June 20th, the U.S. Federal Communications Commission (“FCC”) proposed a new rule which would require cable TV and broadcast satellite operators to provide complete transparency on their bills and get rid of any “hidden” fees that may appear after you’ve already committed to one cable company. It would instead require providers to aggregate the…
The INFORM Consumers Act Takes Effect June 27, 2023
The Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act, also known as the INFORM Consumers Act, was passed by Congress in December of 2022 as part of the Consolidated Appropriations Act of 2023.
On June 20, 2023, The Federal Trade Commission (“FTC”) sent letters to 50 online marketplaces throughout the country,…
The Supreme Court Will Decide the “Trump Too Small” Trademark Case
If you missed reading about this case, buckle up! It has some fascinating twists and turns, along with the opportunity to brush up on the Lanham Act and see how the First Amendment’s freedom of speech clause is now at odds with the Lanham Act over a three word phrase.
On Monday, June 5, 2023,…