After the Supreme Court declined to hear the case Thaler v. Perlmutter, it appears settled that AI “cannot be the recognized author of a copyrighted work.”1 But to what extent can a human obtain copyright protection for a work they
TCAM Today
TCAM Today, published by Faegre Drinker Biddle & Reath, focuses on legal issues related to trademark and intellectual property law. The blog covers topics such as changes in trademark filing fees, domain name disputes under the Uniform Domain-Name Dispute-Resolution Policy (UDRP), and the impact of artificial intelligence on intellectual property rights, including challenges posed by deepfake technology. It also addresses copyright law provisions relevant to online service providers, particularly the Digital Millennium Copyright Act (DMCA), and offers guidance on protecting companies from job-related scams and phishing schemes. The content is aimed at helping legal professionals and businesses navigate evolving IP enforcement and compliance matters.
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Advertising Alert — Sit. Stay. Substantiate: NAD Review of Pet Food Claims Provide Important Reminders When Comparing Products
Brands are increasingly looking to draw sharp distinctions between their products and those of their rivals, and the pet food space is no exception. The National Advertising Division’s (NAD) recent decision in Case No. 7523, The Farmer’s Dog, Inc. v.…
Advertising Alert: NAD Scrutinizes Dietary Supplement Dosage Claims
The dietary supplement industry sometimes relies on eye-catching numbers to signal potency and value. But as the National Advertising Division’s (NAD) recent decision in Case No. 7522, Reus Research LLC v. Iron Rock Ventures LLC, makes clear, a big number…
When Domain Abuse Can’t Wait: Using WIPO’s Expedited UDRP Process
What Is the Uniform Domain Name Dispute Resolution Policy? The Uniform Domain Name Dispute Resolution Policy (UDRP) provides trademark owners with a streamlined mechanism to seek transfer or cancellation of domain names that infringe their rights. UDRP proceedings are commonly…
Advertising Alert: Use Caution When Advertising Your Product’s Artificial Intelligence (AI) Features
Artificial Intelligence (AI) is rapidly developing, and marketers are eager to tout the benefits of new AI features incorporated into their products. But as advertising of new AI features becomes more common, legal scrutiny around the substantiation and privacy implications…
Advertising Alert: Remember What It Takes to be “Number One”
Claiming that your product is “#1” in its category can be highly impactful, but as illustrated by the National Advertising Division (NAD) Case #7544, it can also lead to competitor or regulatory challenges when not properly supported. In Case #7544,…
Advertising Alert: Saying Your Product is “Made in USA”? Remember Your Advertising Obligations
As the United States approaches its 250th anniversary in 2026, the “Made in USA” label holds more significance than ever. Consumers increasingly look for domestic products, associating them with quality, reliability, and support for local jobs. Yet, as a recent…
Welcome to our Advertising Alert Series
Welcome to our new Advertising Alert Series, where we will use recent National Advertising Division (NAD) decisions as real-world examples to examine various ad law principles. To set the stage for our forthcoming blogs, it is helpful to provide some…
Overview of the 2025 USPTO Trademark Fee Changes Starting January 18, 2025
The U.S. Patent and Trademark Office (USPTO) has announced significant changes to trademark filing fees, which will take effect on January 18, 2025. The changes impact both new applications and post-registration maintenance fees, as well as several specific fees related…
Hoisting Scammers with Their Own Petard with the UDRP
With the widespread availability of domain registration and hosting services and the advent of low-cost generative artificial intelligence (“AI”) software, the creation of fraudulent websites has never been easier—or more convincing. With little more effort than a few prompts of…