Yesterday, the Federal Trade Commission (“FTC”) filed suit against Electrowarmth Products, LLC and its owner, Daniel W. Grindle alleging that they falsely claimed some of their products were made in USA when they were actually made in China. We previously posted about the FTC’s new labeling rule on products that allege to be “Made in
Above the Fold
The Fox Rothschild Advertising, Trademark, & Copyright Blog
Latest from Above the Fold - Page 2
USPTO Updates – Aug. 2022
Commencing August 1, 2022, the U.S. Patent and Trademark Office (USPTO) is modernizing the patent and trademark assignment request process because, going forward, users will submit requests virtually using the Electronic Patent Assignment System (USPTO. EPAS) and Electronic Trademark Assignment System (USPTO. ETAS). According to the USPTO, it is also streamlining…
USPTO Updates Trademark Manual of Examining Procedure
By Paul Fling
As those involved in the world of trademark law likely know, the United States Patent and Trademark Office (“USPTO”) publishes an immensely helpful Manual covering the practices and procedures of prosecuting or registering trademarks in front of the USPTO. This Manual, called the Trademark Manual of Examining Procedure (“TMEP”) is frequently updated to ensure it…
The U.S. Copyright Office Hires First Chief Economist
By Amber Crow
Annual revenues from industries reliant upon the copyright system in the United States hover between $1.2 and $2.5 trillion each year, or between 6% and 12% of the U.S. GDP. Because such a significant portion of the U.S. economy is related to the copyright system, the U.S. Copyright Office and Shira Perlmutter, the current Register…
Intellectual Property Tools for Protecting Fashion Goods
Just as every piece of artwork is unique, there is no “one size fits all” when it comes to protecting your fashion goods with intellectual property tools. Below are three possible situations in which you can use intellectual property tools with respect to a product’s nature, originality, consumer driven features, and potential for growth.
Scenario…
U.S. Copyright Office Launches “Small Claims Court”
Filing a copyright lawsuit just got a little bit easier. In June 2022, the Copyright Claims Board (CCB) began accepting cases. The CCB, which will function as the U.S. Copyright Office’s “small claims court,” will now be hearing cases involving monetary damages of up to $30,000. Congress established the court via the Copyright Alternative in…
USPTO Issues New Guide Regarding an Examining Attorney’s Burden to Support Genericness Refusal
By Paul Fling
This past month, the United States Patent and Trademark Office issued a new examination guide regarding the burden an examining attorney must meet to refuse registration of an applied-for mark based on genericness. Specifically, the USPTO clarified that, “for an examining attorney to establish a prima facie case that an applied-for mark is generic, for…
NCAA Issues Formal Guidance Regarding Booster Influence on NIL Deals
Last summer, the NCAA allowed student-athletes to be paid for the use of their names, images, and likenesses (“NIL”), but did not issue formal guidance on the matter. That changed on May 9, 2022, when the NCAA’s Division One Board of Directors issued formal guidance, specifically regarding boosters, in an attempt to strike a balance…
#AD: FTC Guidance on Companies’ Use of Influencers
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, with the ability to focus on niche consumer groups. Beyond traditional advertisements, companies leverage “influencers” – from the micro-influencer to the Kardashians to showcase their…
Greenwashing and the FTC
After the recent passage of Earth Day, companies released a number of advertisements promoting sustainable initiatives, earth-friendly products, and eco-conscious production methods. While this is an ideal time to for companies to showcase their green initiatives and sustainability goals, what has developed over time, however, is a trend of “greenwashing” to take advantage of marketing…