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
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 8
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…
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,…
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…
SCOTUS Rules in Favor of Jack Daniel’s
A few months back, I wrote about the U.S. Supreme Court’s decision to engage in some “whiskey business.” Now, after hearing Jack Daniels’s appeal, SCOTUS has ruled in favor of the whiskey brand by holding that trademark infringement is not…
When Football & TMs Don’t Mix
SCOTUS Holds Warhol’s “Prince Series” Is Not Fair Use
Last week, in a 7–2 decision authored by Justice Sotomayor, the Supreme Court ruled that a 1984 work by artist Andy Warhol, portraying world-renowned singer Prince against an orange background (the “Orange Prince series”), infringed on the copyrights held by…
Rise in Fraud on TM Owners
The has been a rise in fraudulent schemes targeting trademark applicants and owners, which is not surprising given the record number of applications being submitted to the United States Patent and Trademark Office (USPTO). An alert drafted by two of…
Another AI Post? You bet.
The Federal Trade Commission (FTC) is warning companies to “Keep your AI claims in check.” An FTC Business Blog post states that consumers have been primed through generations of stories about inanimate objects coming to life to believe what marketers…
Federal Agencies Pledge to Fight Discrimination in AI
Four federal agencies have pledged to uphold the principles of fairness, equality, and justice in enforcement efforts against discrimination and bias in artificial intelligence (AI).
The Consumer Financial Protection Bureau (CFPB), Department of Justice (DOJ), Equal Employment Opportunity Commission (EEOC),…
