Technology & Marketing Law Blog

AUGUST 11, 2022

Chapter 7: Special Topics in Competitor Lawsuits. FTC and the Trademark Modernization Act. I have more to say on that topic imminently). We reworked the privacy chapter, mostly to pare it down because the topic has mushroomed to the point where it’s not possible to summarize all of the details.

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Editing Advertising Advertising Marketing 119

LexBlog IP

APRIL 13, 2023

Advertisers likely recall that back in 2021, the Federal Trade Commission (FTC) created quite the stir when it sent to more than 700 companies warning letters that threatened penalties if companies engaged in deceptive endorsement practices. And the breadth of this latest Notice is particularly noteworthy.

Advertising 52

Advertising Advertising Litigation Marketing 52

LexBlog IP

AUGUST 17, 2022

A recent federal court decision found that FleetCor, a company that sells fuel card services to businesses, and its CEO had violated the Federal Trade Commission (FTC or Commission) Act through a series of deceptive and unfair acts and practices. The complaint sought monetary equitable relief under Section 13(b) of the FTC Act.

Litigation 52

Litigation Advertising Advertising Reporting 52

LexBlog IP

APRIL 11, 2022

The title of this series is an homage to the great Lesley Fair, who launched and authors many of the best of the FTC’s business blogs and who coined this term in her blog reviewing 2013 cases on the same topic. As noted above, this is not the first time the FTC has brought enforcement action over such claims.

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Settlement Blogging Branding Brands 52

Technology & Marketing Law Blog

MARCH 2, 2023

In 2016, Congress enacted the Consumer Review Fairness Act (CRFA), which bans businesses from trying to contractually restrict their customers’ reviews. HomeAdvisor Roca Labs’ Anti-Review Clause Violates FTC Act–FTC v. See my extensive blog coverage of Medical Justice.

Contracts 60

Contracts Social Media Business Blogging 60

Intellectual Property Law Blog

MAY 2, 2023

This Guidance covers some important topics. Key points include the following: Copyright can protect only material that is the product of human creativity – the term “author,” which is used in both the Constitution and the Copyright Act, excludes non-humans. Some companies are advising employees not to advertise the use of AI.

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Government Business Licensing Copyright 237

LexBlog IP

SEPTEMBER 20, 2022

For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. A bipartisan group of lawmakers introduced legislation called the DETOUR Act that would ban dark patterns. And outside this country, the European Data Protection Board issued some interesting guidelines on the topic.

Reporting 52

Reporting Privacy Advertising Advertising 52

LexBlog IP

AUGUST 26, 2022

Keeping with the topic of interwoven advertising and nonadvertising content, CARU highlighted as the second topic of concern the use of influencers and endorser advertising in the metaverse. This warning comes on the heels of complaints filed by TinA to the FTC encouraging government intervention.

Advertising 52

Advertising Advertising Social Media Branding 52

LexBlog IP

JANUARY 10, 2024

Federal Landscape: Stay abreast of legislative and regulatory activity and updates, including the FTC’s proposed rule addressing non-competes with workers, which may significantly impact the enforcement of non-competes nationwide in 2024, and continued NLRB pronouncements.

IP 52

IP Business Law Intellectual Property 52

Trading Secrets

JANUARY 13, 2023

Seyfarth attorneys, Michael Wexler, Robert Milligan, and Joshua Salinas will address the following topics: . Discussion of legislative and regulatory efforts to narrow use on non-competes and restrictive covenants at the federal level, specifically the new FTC proposed rule banning the use of non-competes with workers.

Editing 59

Editing Copying Business Law 59

43(B)log

JULY 20, 2023

for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. Given its powers under the COVID-19 Act, the government sought not just a permanent injunction, but damages, including recission/restitution/disgorgement, as well as civil penalties.

Government 52

Government Advertising Advertising Social Media 52

LexBlog IP

JANUARY 13, 2023

Seyfarth attorneys, Michael Wexler, Robert Milligan, and Joshua Salinas will address the following topics: Significant new legislation for non-competes and other restrictive covenants and related court decisions that may affect their enforcement. The Defend Trade Secrets Act and tips for navigating the law.

Editing 52

Editing Copying Business Law 52

LexBlog IP

SEPTEMBER 16, 2022

After a surprise three-month hiatus, we are back in business with our Federal Trade Commission (FTC or Commission) public and totally unscripted meetings. Back to the meeting – and we will start with the dark patterns discussion because we keep hearing about this topic. A few points of the presentation jumped out at us.

Designs 52

Designs Design Reporting Business 52

Trading Secrets

JANUARY 13, 2022

Seyfarth attorneys Michael Wexler, Robert Milligan, and James Yu will address the following topics: Significant new legislation on non-compete and other restrictive covenants and related court decisions that may impact their enforcement. United States limiting claims that can be brought under the Computer Fraud and Abuse Act.

Marketing 59

Marketing Marketing Law Intellectual Property 59

43(B)log

FEBRUARY 24, 2021

Joseph Lewczak: FTC v. FTC does not want disclosure below the “more” expansion link, if any; it has to be above so anyone will see it even if they don’t seek out more info. Heartwise: Manipulation of reviews actionable under Lanham Act, including manipulating “helpful” votes and giving people free stuff for positive reviews.

Advertising 40

Advertising Advertising Law Privacy 40

SpicyIP

AUGUST 2, 2021

Topical Highlight. In Part I , I covered the suggested amendments to Section 3 of the Patents Act which concerns the exclusion of certain subject matters from patent protection. In a guest post , Shivam Kaushik discusses the copyrightability of fonts and typefaces from an artistic work perspective under the Copyright Act, 1957.

Reporting 116

Reporting Designs Design Copyright 116

LexBlog IP

JUNE 21, 2023

Certain NIL violations would be treated as unfair and deceptive acts under the Federal Trade Commission Act. Additionally, the NCAA could refer violations to the FTC for further action. The issue of employment status for college athletes has become a highly debated topic, with California being at the forefront of the discussion.

Law 40

Law Contracts Licensing Reporting 40

LexBlog IP

MAY 2, 2023

This Guidance covers some important topics. Key points include the following: Copyright can protect only material that is the product of human creativity – the term “author,” which is used in both the Constitution and the Copyright Act, excludes non-humans.

Government 52

Government Business Copyright Licensing 52

Technology & Marketing Law Blog

JANUARY 15, 2024

To piggyback on the editorial board analogy, if the newspaper itself had published an account of its editorial policies and decisions, and it turned out to be potentially fraudulent in some way, it would not chill the newspaper’s exercise of editorial control to investigate whether the newspaper’s public statements on that topic were false.

Social Media 64

Social Media Advertising Advertising Publishing 64

Trading Secrets

DECEMBER 21, 2021

The FTC is exploring whether it has the authority to ban or limit the use of non-competes in the employment setting. The panels also will considered the potential harms to workers that may addressed through the FTC’s rulemaking, law enforcement, or advocacy authority.

Confidentiality 69

Confidentiality Law Contracts Business 69

LexBlog IP

DECEMBER 21, 2021

The FTC is exploring whether it has the authority to ban or limit the use of non-competes in the employment setting. The panels also will considered the potential harms to workers that may addressed through the FTC’s rulemaking, law enforcement, or advocacy authority.

Confidentiality 52

Confidentiality Law Contracts Business 52

Trading Secrets

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. FTC Proposes Rule Banning Use of Non-Competes. The FTC’s attempted regulation of employment non-competes as part of its rulemaking powers is unprecedented in the 109 years since its creation in 1914.

Confidentiality 52

Confidentiality Litigation Business Law 52

LexBlog IP

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. FTC Proposes Rule Banning Use of Non-Competes. The FTC’s attempted regulation of employment non-competes as part of its rulemaking powers is unprecedented in the 109 years since its creation in 1914.

Confidentiality 52

Confidentiality Business Intellectual Property Litigation 52

Technology & Marketing Law Blog

JUNE 27, 2022

Today’s example is AB 2273, the Age-Appropriate Design Code Act (AADC), Before we get overwhelmed by the bill’s details, I’ll highlight three crucial concerns: First, the bill pretextually claims to protect children, but it will change the Internet for EVERYONE. We don’t do “A-for-Effort” laws in the U.S.,

Privacy 137

Privacy Designs Design Business 137

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

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Trademark Social Media Registering Trademarks Copyright 103

Kluwer Copyright Blog

AUGUST 13, 2023

More in detail, the EU AI Act represents a prescriptive legislative framework based on the EU model for product safety legislation. Despite the various regulatory approaches, litigation is starting to emerge due to the inherent uncertainty of the topic. In addition, OpenAI has benefited financially from the infringing output.

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Copyright Derivative Work Copying Copyright Infringement 98

LexBlog IP

JANUARY 13, 2022

Seyfarth attorneys Michael Wexler, Robert Milligan, and James Yu will address the following topics: Significant new legislation on non-compete and other restrictive covenants and related court decisions that may impact their enforcement. United States limiting claims that can be brought under the Computer Fraud and Abuse Act.

Marketing 52

Marketing Marketing Law Intellectual Property 52

LexBlog IP

DECEMBER 15, 2022

Here they are: Noteworthy Defend Trade Secrets Act Cases, Federal Trade Secrets Opinions and Related Commentary: Who would have thought a case about broccoli seeds could sprout so many interesting legal issues? And while we’re on the topic of an opinion covering multiple interesting trade secret issues, the U.S. Certainly not me.

Blogging 52

Blogging IP Confidentiality Intellectual Property 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Litigation under the Biologics Price Competition and Innovation Act (BPCIA) in the district courts also decreased. In the guidance documents, FDA provides “answers to common questions from prospective applicants and other interested parties regarding the Biologics Price Competition and Innovation Act of 2009 (BPCI Act).”

Litigation 52

Litigation Settlement Patent Marketing 52

Trading Secrets

JANUARY 12, 2023

The NPRM followed just one day after the FTC announced that it had reached a consent settlement with three companies for alleged unfair trade practices by imposing overly burdensome non-compete agreements. The sole Republican member of the FTC, Commissioner Christine S. Dissenting Statement at 7 (internal punctuation omitted).).

Contracts 52

Contracts Law Government Reporting 52

LexBlog IP

JANUARY 12, 2023

The NPRM followed just one day after the FTC announced that it had reached a consent settlement with three companies for alleged unfair trade practices by imposing overly burdensome non-compete agreements. The sole Republican member of the FTC, Commissioner Christine S. Dissenting Statement at 7 (internal punctuation omitted).).

Contracts 52

Contracts Law Government Reporting 52

Trading Secrets

JANUARY 12, 2023

The NPRM followed just one day after the FTC announced that it had reached a consent settlement with three companies for alleged unfair trade practices by imposing overly burdensome non-compete agreements. The sole Republican member of the FTC, Commissioner Christine S. Dissenting Statement at 7 (internal punctuation omitted).).

Contracts 52

Contracts Law Government Reporting 52

Trading Secrets

DECEMBER 29, 2022

Additionally, a recent Third Circuit decision held that copying is not the only method that trade secret plaintiffs can demonstrate actionable “use” under the Defend Trade Secrets Act. 1337) and the Defend Trade Secrets Act, 18 U.S.C. Act proactively and consistently in protecting your trade secrets.

Confidentiality 59

Confidentiality Business Law Contracts 59

LexBlog IP

MARCH 12, 2023

16, 2023), the vendor GateGuard alleged that Amazon was misappropriating GateGuard’s “proprietary security technology that acts as an ‘AI Doorman’ for multifamily residential properties, allowing authorized users to unlock entrances remotely and to monitor activity.” dismissing Sherman Act claims), and the U.S.

Blogging 52

Blogging Litigation Ownership Reporting 52

LexBlog IP

MARCH 16, 2023

For those who haven’t been following Federal Trade Commission (FTC or Commission) news too closely for the past few weeks, there has been lots of turmoil and drama. Second, the substance Two items were on the agenda today, and they both involve FTC 6(b) studies. So, what is a 6(b) study, and why does it have such an odd name?

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Social Media Reporting Journalism Advertising 52

LexBlog IP

JANUARY 9, 2023

December was unusually busy and 2023 started with a bang courtesy of the Federal Trade Commission’s (FTC) proposed rule banning noncompetes. that were made using the alleged trade secrets , without more, did not qualify as “an act in furtherance” of misappropriation under the DTSA. Cymtek Solutions, Inc.

Blogging 40

Blogging Litigation Intellectual Property Licensing 40

LexBlog IP

DECEMBER 22, 2021

The Federal Trade Commission (FTC) and the Department of Justice (DOJ) hosted a virtual workshop on December 6-7, 2021, bringing together agency representatives, lawyers, economists, academics, and other experts to discuss issues affecting competition in the labor market (“Workshop”). Our Response Letter.

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Marketing Marketing Contracts Government 52