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
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.
Latest from Above the Fold - Page 4
Federal Trade Commission’s New “Click-to-Cancel” Rule Simplifies Ending Unwanted Subscriptions
Gone are the days when subscriptions were limited to Netflix or Amazon. Today, you can find subscription services for nearly anything—from meal kits to beauty products and beyond. For companies, these subscriptions offer a lucrative, ongoing revenue stream, converting a…
USDA Publishes New Guidelines on Meat and Poultry Labels:
Imagine this: you’ve got a weekend BBQ lined up with friends, and you’re ready to impress with mouthwatering steaks and chicken wings. You head to the supermarket, excited to pick the best cuts, but as you browse the meat and…
Minnesota Attorney General Takes Action Against Businesses that Market Nicotine Products to Minors
Billions of dollars are spent each year on tobacco marketing expenditures. With the increasing use of e-cigarette products, businesses may feel tempted to expand their marketing to other audiences, including minors.
Considering recent marketing developments, there are laws in place…
FDIC Advertising Requirements
Late last year, the Federal Deposit Insurance Corporation (“FDIC”) announced that it had adopted a Final Rule designed “to modernize the rules governing use of the official FDIC signs and advertising statements, and to clarify the FDIC’s regulations regarding false…
FTC Issues Rule to Combat Fake Reviews and Testimonials in Advertising
Have you ever read a testimonial in an advertisement or the reviews on a product page and wondered if they were coming real customers? After a recent rule issued by the Federal Trade Commission (“FTC”), you can be more confident…
The Calls You Forward to Voicemail Just Got More Expensive to Make
Beginning October 1, 2024, telemarketers will have to pay higher fees for access to phone numbers on the National Do Not Call Registry. In a unanimous decision, the FTC increased annual subscriptions by $2 for access to a single area…
Breaching Social Media Platforms’ Section 230 Shield
Last month, the Ninth Circuit reeled back protections for digital media platforms on which scam ads are found. Calise v. Meta Platforms, Inc., 103 F.4th 732 (9th Cir. 2024)
Section 230(c)(1) of the Communications Decency Act is a defense companies…
Tips to Avoid Savvier Scammers
Data recently released by the Federal Trade Commission (FTC) shows how likely it is for a typical communication from a well-known company to be a scam in disguise. Whether it’s a fabricated email, a security pop-up with a number to…
Developers’ Liability for Infringing Generative-AI Outputs
The advent of generative-AI tools has brought challenging questions of accountability to the forefront, especially when those tools generate content that may infringe on someone’s copyright. Determining liability—whether it falls on the user who prompted the tool, or the company…