Supreme Court Rules in Favor of Jack Daniel’s Over ‘Spoofed’ Bad Spaniels Dog Toy -
The Second Circuit’s 1989 Rogers test sets an elevated standard for proving trademark infringement, for the purpose of protecting First...more
6/16/2023
/ Dilution ,
First Amendment ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
Rogers Test ,
SCOTUS ,
Spoofing ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
Welcome to the fourth installment in our eight-part series preparing you for the post-cookie world. In our first post, we provided a deep dive into third-party cookies for a baseline understanding of the technology and the...more
Welcome to the third installment in our eight-part series preparing you for the post-cookie world. In our first post, we provided a deep dive into third-party cookies for a baseline understanding of the technology and the...more
2/16/2022
/ Apple ,
Big Tech ,
California Consumer Privacy Act (CCPA) ,
Cookie Banners ,
Cookies ,
Data Collection ,
General Data Protection Regulation (GDPR) ,
Google ,
Privacy Laws ,
State Privacy Laws ,
Third-Party ,
Web Browsers ,
Web Tracking
Part I: What Are Third-Party Cookies and Why they are Important — PART II — Privacy Laws And Third-Party Cookies - Welcome to our second installment in our five-part series preparing you for the post-cookie world. In our...more
1/14/2022
/ Advertising ,
California Privacy Rights Act (CPRA) ,
Cookies ,
Data Collection ,
Data Privacy ,
EU ,
General Data Protection Regulation (GDPR) ,
Online Advertisements ,
Personal Data ,
State Privacy Laws ,
Web Tracking
Overview of the Five-Part Series - In a time of constant change in digital advertising, there is one consistent question that persists in advertisers’ minds: What do we do after third-party cookies are gone? The digital...more
Summary Advising our clients on compliance with laws and regulations is, hands down, the most important aspect of our role as attorneys. In addition to seeking counsel on their obligations under laws and regulations, however...more
The Interactive Advertising Bureau (IAB), a leading advertising industry organization, has launched a CCPA Benchmark Survey to assess how companies across the digital advertising ecosystem are approaching CCPA compliance. The...more
8/28/2020
/ Advertising ,
Benchmarking ,
California Consumer Privacy Act (CCPA) ,
Compliance ,
Consumer Privacy Rights ,
Cookies ,
Corporate Branding ,
Interactive Advertising Bureau ,
Mobile Apps ,
Publishers ,
Request For Information ,
Risk Management ,
Surveys ,
Targeted Digital Advertising ,
Web Tracking
The California Consumer Privacy Act (CCPA) requires the California Attorney General (AG) to issue regulations to “further the purposes of the title” by July 1, 2020. ...more
On March 18, the Maryland General Assembly passed the first state gross revenue tax directed at digital advertising, which is broadly defined to encompass any advertising appearing on a website, mobile app or any similar...more
Today we filed a request to the California Attorney General, as part of the CCPA rulemaking process, seeking an additional six month delay in the enforcement of the CCPA to allow our clients time to better focus on business...more
On September 17, 2019, numerous stakeholders in the digital advertising industry, including publishers, advertisers/brands, AdTech companies, and law firms (including numerous representatives from BakerHostetler) convened at...more
Both the administrative law judge’s decision in LabMD and the Third Circuit’s recent decision in Wyndham, which we previously blogged about, put the FTC on notice that it cannot assume that in the wake of a security breach,...more
Yes: the Cyber Information Sharing Act of 2015 (CISA) was slipped into the must-pass Omnibus Spending Bill last week by House negotiators and became law on Friday. No: despite protestations from some quarters, the sky has not...more
The recent settlement entered into between the Federal Trade Commission (FTC) Wyndham Hotels and Resorts and related companies (Wyndham) provides an important roadmap for companies seeking to avoid running afoul of the FTC’s...more
The Third Circuit interlocutory decision in Federal Trade Commission v. Wyndham Worldwide Corporation was widely reported as a big win for the Federal Trade Commission (“FTC”). But on closer examination, it was a split...more
11/5/2015
/ Consent Order ,
Cybersecurity ,
Data Security ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC v Wyndham ,
Interlocutory Orders ,
Motion to Dismiss ,
Popular ,
Regulatory Standards ,
Unfair or Deceptive Trade Practices ,
Wyndham
It’s 6 p.m. on a Friday and you get a call from your IT department. They have detected that an intruder has gained access to your company’s network. At this point, the headlines from the major data breaches of recent years...more
The rate of disclosures of security incidents in 2015 continues at a pace that caused many to call 2013 and then 2014 “the year of the breach.” Most incidents are described publicly with attention-grabbing terms such as...more
Many cybersecurity experts have warned that the United States is already engaged in covert cyber warfare against hostile actors around the world. The latest cybersecurity Executive Order reflects formal recognition that,...more
The majority of the Canadian Spam Legislation (CASL) comes into force today—July 1, 2014. This includes Section 6, which relates to the sending of commercial electronic messages (CEMs). Starting today, businesses must obtain...more
Echoing guidance previously given to a nonprofit organization looking to exchange certain cybersecurity information, including exchanging actual real-time cyber threat and attack information, and others planning to exchange...more
In a March 20, 2014 closing letter sent to fashion company Cole Haan, the FTC warned that use of the hashtag #WanderingSole in conjunction with a recent Pinterest contest did not adequately communicate the “material...more
Throughout 2013, financial institutions continued to face serious threats from cybercriminals targeting the personal information of banking customers and their financial assets through the use of malicious software and denial...more
On October 22, 2013, the Department of Defense (DoD) published its Final Rule establishing a program for promoting voluntary sharing of cyber threat information between the DoD and government contractors. The DoD intends this...more
On Monday, October 21, 2013, the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) voted to approve an amended version of the proposed EU General Data Protection Regulations. Included in the...more
Effective October 16, 2013, the rules governing telephone and text marketing will significantly change. Under prior Federal Communications Commission (FCC) regulations issued under the Telephone Consumer Protection Act (TCPA)...more