My favorite blog post of the year—where I get to assess the best commercials, track the rise in ad costs, and challenge you to identify your favorite celebrity endorsement.
This year, demand for ad space was “robust” with some 30-second
Above the Fold
The Fox Rothschild Advertising, Trademark, & Copyright Blog
Above the Fold, published by Fox Rothschild LLP, covers legal developments and regulatory issues affecting advertising, intellectual property, and consumer protection. The blog discusses topics such as antitrust concerns in media mergers, digital advertising regulations, AI and copyright law, including the legal challenges surrounding AI-generated content and fair use, as well as enforcement actions by the Federal Trade Commission on pricing transparency and deceptive fees. It also addresses advertising disputes and claims substantiation in competitive markets. The content focuses on the intersection of law and emerging technologies, regulatory compliance, and advertising industry practices.
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FTC’s Final Changes to COPPA Rule
Earlier this month, the Federal Trade Commission (FTC) announced that it had finalized changes to the Children’s Online Privacy Protection Act (COPPA) Rule to set new requirements around the collection, use, and disclosure of children’s personal information, including requirements that parents…
FTC’s List of Key Accomplishments
Yesterday the Federal Trade Commission (FTC) released a 65-page report detailing what it views as its accomplishments over the last four years. In a press release summarizing the report, the FTC touts the following accomplishments specifically:
- “Putting Money Back in
…
New Year, New Public Domain Works: Copyright Public Domain Day 2025
Every year, the world celebrates the first of January as Public Domain Day, marking the release of copyrighted works into the public domain.
In 2024, we saw popular intellectual properties enter the public domain, including the film Steamboat Willie by…
Rule Banning Junk Ticket and Hotel Fees
Earlier this month, the Federal Trade Commission (FTC) announced a final rule—dubbed the Junk Fees Rule—to address what it views as deceptive pricing practices that cause harm to consumers and that undercut other honest businesses in two specific industries. Specifically,…
HEALTHY OR NOT? THE FDA’S NEW RULE REDEFINES WHAT “HEALTHY” MEANS ON FOOD LABELS
The FDA recently issued a final rule, which updates the definition for the implied nutrient content claim “healthy.” The definition change aims for “healthy” to be consistent with current nutrition science and Federal dietary guidance.
Essentially, the final rule updates…
INFLUENCER SUING OVER AESTHETIC AND BRAND IDENTITY
Recently, influencer, Sydney Gifford is suing fellow, influencer, Alyssa Sheil, claiming misappropriation – this claim exceeds imitation, instead Gifford argues that Sheil appropriated her entire look, including her atheistic and overall brand identity. Gilford has accused Sheil for posting content…
Holiday Marketing Tips & Trends
With Black Friday and Cyber Monday only recently behind us, and with Christmas and New Years’ closing in soon, the deals are endless and consumer spending is amplified. The goal for companies this time of year is not just to…
Copyright Claims Board Stats
The Copyright Claims Board (CCB) was established by the Copyright Alternative in Small-Claims Enforcement Act passed by Congress on December 27, 2020 and began accepting claims in June 2022. It is a voluntary and virtual alternative to federal court for…
Political Influencers: Entering a New World
Unless you live under a rock, your news feed has been dominated by the upcoming presidential election and opinions about the respective images and branding embodied by the candidates. What seems different this time is the extent of the celebrity…