IP Blog

Above the Fold

Advertising and marketing can pose a wealth of legal hurdles. When creating content, advertising professionals and companies often incur the scrutiny of regulatory agencies, such as the Federal Trade Commission. In this blog, our team of seasoned trademark and media attorneys address emerging trends and issues in this complex area.
 

Recent Blog Posts

Court Orders Healthcare Recruiter To Turn Over Text Message Data In TCPA Class Action

Recruiters who contact candidates by text message should take note of a recent decision out of the Western District of Virginia. In Kattato v. Cross Country Healthcare, Inc., No. 7:23-CV-00485 (W.D. Va. Feb. 23, 2026), the Court granted the plaintiff’s motion to compel discovery of phone numbers, text message dates, and related records that could... Continue Reading…More

A Decade of Litigation: Key Takeaways from the Johnson v. Comodo Group TCPA Settlement

The recent final approval of a class action settlement in Johnson v. Comodo Group, Inc. demonstrates the substantial risks companies face when facing allegations of engaging in automated telemarketing without proper consent. On February 4, 2026, the U.S. District Court for the District of New Jersey granted final approval to a $1,625,000 settlement resolving claims... Continue Reading…More

FTC Sues JustAnswer for Deceptive Subscription Practices

Recently, the Federal Trade Commission (“FTC”) filed a Complaint against JustAnswer LLC and its CEO, alleging the company misled consumers into enrolling in monthly recurring subscriptions without obtaining consumers’ affirmative consent. According to the FTC’s Complaint, many consumers believed they were paying a one-time fee to get an answer from an expert. Instead, they were... Continue Reading…More

Big Game Advertising Questions

Q: Why do companies refer to the Super Bowl as The Big Game in their advertising? A: Because the Super Bowl is trademarked, but The Big Game is not. Of course news outlets can use either term under the fair use doctrine, but companies advertising their products and services don’t have the same privilege so... Continue Reading…More

When ‘Too Good to Be True’ Really Is Too Good to Be True: FTC Settles With NextMed Regarding Deceptive Advertising Practices

The Federal Trade Commission (“FTC”) has reached a settlement with NextMed (also known as Southern Health Solutions, Inc.), resolving allegations that the telehealth company misled consumers through deceptive advertising, billing, and cancellation practices tied to weight-loss programs involving GLP-1 medications such as Wegovy and Ozempic. The FTC also named the company’s founder, Robert Epstein and... Continue Reading…More

FTC Restricts Omnicom-IPG Merger to Prevent Viewpoint-Based Ad Bias

The Federal Trade Commission approved Omnicom Group Inc.’s approximately $13.5 billion acquisition of The Interpublic Group of Companies, Inc. (IPG) but with strict conditions designed to prevent anticompetitive coordination in the digital advertising market, a restriction that has not been made before. Under this merger, Omnicom is poised to become the world’s largest media buying... Continue Reading…More

Anthropic and Meta Win Major, but Limited, AI Copyright Lawsuits

Recently, major technology companies, Anthropic and Meta each secured landmark victories in separate copyright lawsuits. The companies had been sued by authors and their publishers, regarding claims that these companies’  AI models were trained on copyrighted materials without claimant’s permission, in violation of U.S. copyright law. These are the first major decisions in a series of... Continue Reading…More

Influencer Aesthetic Dispute Resolves by Voluntarily Dismissal

What has become known as the “Sad Beige Lawsuit” ended on May 28, 2025, when influencer Sydney Nicole Gifford (“Gifford”) voluntarily dismissed all claims against fellow influencer Alyssa Sheil (“Sheil”) with prejudice. The suit highlights the growing tension between traditional intellectual property law and social media influencer created content, posing the novel question—does copyright law... Continue Reading…More

FTC’s Unfair/Deceptive Fees Rule Takes Effect

The Federal Trade Commission’s (FTC) Rule on Unfair or Deceptive Fees, 16 C.F.R. Part 464, is effective as of May 12, 2025. According to the FTC’s recent press release, the Rule “prohibits bait-and-switch pricing and other tactics used to hide total prices and mislead people about fees in the live-event ticketing and short-term lodging industries,”... Continue Reading…More

AI and Copyright: What a Recent Court Ruling Means for AI Creators and Intellectual Property Rights

In a significant decision, the United States Court of Appeals for the D.C. Circuit recently ruled that the Copyright Act of 1976 requires human authorship to register a work, affirming the district court’s denial of a copyright application for a AI generated picture. This ruling has profound implications for anyone working with AI in creative... Continue Reading…More