In a legal clash between MLB Players Inc. (MLBPI) and sports betting companies, DraftKings and bet365, the US District Court for the Eastern District of Pennsylvania denied the defendants’ motions to dismiss....more
4/10/2025
/ Advertising ,
DraftKings ,
First Amendment ,
Intellectual Property Litigation ,
MLB ,
Motion to Dismiss ,
Name and Likeness ,
Privacy Laws ,
Right of Publicity ,
Social Media ,
Sports Betting ,
Trademarks
Sony Music Entertainment and its affiliate record labels have filed a lawsuit against the University of Southern California (USC) for copyright infringement....more
Consumer protection wins again! The Federal Trade Commission (FTC) announced a final order settling its complaint against Rytr LLC, an artificial intelligence (AI) writing assistant tool that was capable of producing detailed...more
1/20/2025
/ Advertising ,
Artificial Intelligence ,
Consumer Protection Laws ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Performance Reviews ,
Technology Sector ,
Transparency ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission (FTC) will hold an informal hearing at 1:00pm EST on January 17, regarding the proposed amendment to its existing impersonation rule....more
In an era in which fake reviews run rampant and artificial intelligence (AI) can craft countless deceivingly realistic product reviews with minimal effort, the Federal Trade Commission (FTC) has taken a bold step forward for...more
The rise and widespread use of generative artificial intelligence (GenAI) continues to have major implications in the entertainment and music industries, particularly in relation to intellectual property. GenAI technologies,...more
The Federal Trade Commission (FTC) filed a complaint against Williams-Sonoma, the parent company of Pottery Barn and PB Teen, for violating the FTC’s July 16, 2020, order that barred Williams-Sonoma from making false,...more
The Federal Trade Commission (FTC) is continuing its Made in America enforcement offensive in full force in 2024, further cracking down on companies for falsely advertising that their products are “Made in the USA” when, in...more
It is no secret that European regulators are moving with greater speed in the regulation of artificial intelligence (AI) than their counterparts in the United States. In comparison, the United States, after months of hearings...more
The Federal Trade Commission’s (FTC) comment period for a rulemaking to promulgate a trade regulation titled “Rule on the Use of Consumer Reviews and Testimonials” concluded on September 29. This proposed regulation is part...more
10/18/2023
/ Artificial Intelligence ,
Cherry Picking ,
Fake Reviews ,
False Advertising ,
Federal Trade Commission (FTC) ,
OECD ,
Online Reviews ,
Proposed Rules ,
Rulemaking Process ,
Sellers ,
Social Media ,
Testimonial Statements
This public offering purportedly raised approximately $8.2 million from investors to finance Stoner Cats, an adult animated television show featuring house cats that gain sentience after exposure to their owner’s medical...more
10/2/2023
/ Cease and Desist Orders ,
Compensation ,
Enforcement ,
Initial Public Offering (IPO) ,
Investors ,
Non-Fungible Tokens (NFTs) ,
Royalties ,
Securities ,
Securities and Exchange Commission (SEC) ,
Settlement ,
Unregistered Securities
On August 28, 2023, the US Securities and Exchange Commission (SEC) charged media and entertainment company, Impact Theory, LLC, with violating the Securities Act of 1933 by making an unregistered offering of securities in...more
The advent of artificial intelligence (AI) technology has ushered in remarkable advancements across myriad industries from healthcare to entertainment and beyond. With this techno-revolution, novel questions concerning...more
The Federal Trade Commission (FTC) continues to evidence a strong commitment to bringing enforcement actions against false or deceptive US-origin marketing claims. In short, to avoid landing on the wrong side of such an...more
7/6/2023
/ Advertising ,
Advertising Substantiation ,
Civil Monetary Penalty ,
Consent Order ,
Customs and Border Protection ,
De Minimus Doctrine ,
Enforcement Actions ,
False Statements ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Fraud ,
Made in the USA ,
Settlement
On May 26, 2023, the US Patent and Trademark Office (USPTO) published a Federal Register notice seeking public comments on anti-counterfeiting and antipiracy strategies to better address this enormous US challenge....more
Yankees’ superstar Aaron Judge and the Major League Baseball Players Association (MLBPA) have finally emerged victorious from an intellectual property dispute, which they have been fighting since Judge’s 2017 rookie season....more
On April 23, 2023, the US Supreme Court denied a petition for certiorari filed by Stephen Thaler, following the US Court of Appeals for the Federal Circuit’s finding that Thaler’s artificial intelligence system — Device for...more
On April 12, 2023, a Manhattan judge in the lawsuit regarding the sale of golf legend Jack Nicklaus’s intellectual property portfolio narrowed the claims against Nicklaus.
In 2007, Nicklaus sold his intellectual property...more
The Federal Trade Commission (FTC) continues to crack down on companies for falsely advertising that their products are “Made in USA,” as most recently announced in a press release issued on March 30, 2023....more
On the heels of recent legal setbacks and challenges for NFT collections offered by Dapper Labs and DraftKings, the New York Attorney General (NYAG) filed suit in New York state court against the parent companies of...more
On March 9, 2023, a putative class action was filed against DraftKings Inc. for alleged violations of federal securities laws in the US District Court for the District of Massachusetts. The class, if certified, will include...more
On February 22, 2023, the United States District Court for the Southern District of New York, in a 64-page opinion, denied a motion to dismiss filed by Dapper Labs, Inc., the developer behind the NBA Top Shot NFT platform,...more
New York Managing Partner and chair of Kilpatrick Townsend’s Advertising and Marketing group, Barry Benjamin recently co-presented with Pamela Deese, partner at ArentFox Schiff, at a pre-conference workshop from the 2023 ACI...more
Few moments in college football are more iconic than Notre Dame football players hitting the famous “Play Like a Champion Today” sign as they run out of the tunnel onto the field at Notre Dame Stadium. Many may not realize...more
The U.S. Federal Trade Commission (FTC) on October 13, 2021, warned 700 major consumer products companies and national advertisers that any future violations of the FTC’s endorsement and testimonial guidance could result in...more