Coming out of their recent rulemaking meeting, the California Privacy Protection Agency is not surprisingly finding the question of how to regulate the use of ADMT to be a difficult one. While pointing to consumer interest...more
Trademark owners have the right to stop third parties from using marks that could cause a likelihood of consumer confusion. Third-party use of a trademark that is the same or similar to the owner's trademark for goods related...more
6/10/2024
/ Appeals ,
Certification Marks ,
Goods or Services ,
Inherently Distinctive ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Likelihood of Confusion ,
Third-Party ,
Trademark Litigation ,
Trademark Ownership ,
Trademark Trial and Appeal Board ,
Trademarks
After being sued for trademark infringement, Oakland has hit back at San Francisco with a countersuit for declaratory relief. The declaratory relief decision will similarly answer the question of whether Oakland's use of the...more
Attorneys General from fourteen states—California, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Maryland, Minnesota, Nevada, New York, Oregon, Pennsylvania, and Vermont—and the District of Columbia urged...more
As law firms and other businesses increasingly look to AI-driven software to drive efficiency, the importance of meticulous review of not just their capabilities and features, but also the agreements under which they are...more
It might not have been successful, but query why Trump didn't argue Section 230 shields him from liability for reposts under Section 230?
It is settled law that Section 230, which is often thought to only shield...more
Even with the A's leaving the Bay Area, we're getting an extra SF-Oakland matchup. This trademark infringement case will have some interesting issues to be decided (if it gets that far)...more
The U.S. is rightfully protective of U.S. consumers, and the Federal Trade Commission (FTC) often takes the role of protecting privacy rights through Section 5 of the FTC Act. The linked article highlights such enforcement...more
Considering the polarized nature of today's Congress, businesses' antipathy for a broad private right of action, and the states' strong interest in avoiding preemption, it seems unlikely the American Privacy Rights Act will...more
Senator Maria Cantwell (D-Washington) and Representative Cathy McMorris Rodgers (R-Washington) have presented a draft of a federal data privacy law, the American Privacy Rights Act (APRA). APRA would largely preempt the...more
This is an interesting thought. But a big concern is one that is already an issue in the corporate world: the biases of the AI “judges” employed to make determinations regarding customers. I'd fear the training materials...more
Actual confusion is considered the sine qua non of trademark infringement. The presence of actual confusion can carry the day in proving a likelihood of confusion entitling the claimant to summary judgment. But not all...more
In California Privacy Protection Agency et al. v. The Superior Court of Sacramento County (case number C099130), the Third Appellate District of the California Court of Appeal returned authority to the California Privacy...more
In today's rapidly changing technological landscape, artificial intelligence (AI) is making headlines and being discussed constantly. To be sure, AI provides a powerful tool to nonprofits in creating content and exploiting...more
9/7/2023
/ Artificial Intelligence ,
Charitable Organizations ,
Copyright ,
Copyright Infringement ,
Copyright Ownership ,
Data Collection ,
Data Privacy ,
Intellectual Property Protection ,
Popular ,
Privacy Concerns ,
Right of Publicity ,
Shareholders ,
User-Generated Content
If you are like most wine brands, DTC through your tasting room, club, and website can only take you so far. Success usually means accessing the general on- and off-premise markets, and accessing those markets means working...more
9/6/2023
/ Contract Terms ,
Exclusivity ,
Intellectual Property Protection ,
Partnerships ,
Pricing ,
Reporting Requirements ,
Sales & Distribution Agreements ,
Suppliers ,
Termination ,
Wine & Alcohol ,
Written Consent
Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and I'm happy to have my Farella colleague Nate Garhart back for a chat about artificial intelligence and what nonprofits need to know when using...more
ChatGPT got the early press, and every day we learn of new generative artificial intelligence products that can create new and creative visual and text responses to human input. Following on ChatGPT’s fame, Google’s Bard and...more
Welcome to EO Radio Show – Your Nonprofit Legal Resource. In this episode, Cynthia Rowland and Nate Garhart discuss privacy laws and how they affect website content development and online activities by nonprofits.
They begin...more
Welcome to EO Radio Show – Your Nonprofit Legal Resource. Happy New Year, everyone! In episode 26, Cynthia Rowland and her guest Nate Garhart discuss websites and terms of use and the legal concepts relevant to nonprofits...more
Welcome to EO Radio Show – Your Nonprofit Legal Resource. This episode covers the basics of copyright law that most nonprofits need to know about. We answer the questions: Who owns what? How does the owner protect their...more
12/13/2022
Since the California Consumer Privacy Act (“CCPA”) was passed in 2018, employers have been watching carefully to see how the law will apply to data collected and maintained about their employees. Up until now, employment data...more
10/5/2022
/ California Consumer Privacy Act (CCPA) ,
Covered Employer ,
Data Collection ,
Data Privacy ,
Disclosure Requirements ,
Employee Privacy Rights ,
Exemptions ,
Notice Requirements ,
Personal Information ,
Privacy Policy ,
Right to Delete
Several new bills targeting online platform companies are making their way through state and federal legislative bodies in the United States. These legislative efforts appear likely to lead to limits on the immunity...more
4/26/2022
/ Anti-Competitive ,
Continuing Legal Education ,
Data Collection ,
Digital Marketplace ,
Digital Services ,
EU ,
Online Platforms ,
Personal Data ,
Proposed Legislation ,
Section 230 ,
Webinars
Cyber attacks are now commonplace. Ransomware attacks, in particular, have skyrocketed in frequency and size. High-profile data breaches have cost businesses in the United States millions of dollars in losses and incalculable...more
9/9/2021
/ Cannabis-Related Businesses (CRBs) ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Property Damage ,
Ransomware ,
Reputational Injury ,
Retailers ,
Risk Mitigation
Cannabis businesses have cyber security and privacy risks. While the risks are varied, many arise from the businesses’ holding of highly sensitive consumer information or confidential data about business partners. Cannabis...more
5/19/2021
/ Cannabis-Related Businesses (CRBs) ,
Confidential Information ,
Continuing Legal Education ,
Contract Negotiations ,
Contract Terms ,
Cyber Insurance ,
Cybersecurity ,
Data Privacy ,
Data Security ,
Insurance Brokers ,
Insurance Contracts ,
Insurance Industry ,
Popular ,
Privacy Laws ,
Webinars
For most employers, it is important to own the intellectual property rights in written and/or graphic work commissioned from independent contractors. But including a Work Made for Hire Clause (“WMFH Clause”) in an...more
4/30/2021
/ Assignments ,
Copyright ,
Disability Insurance ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Independent Contractors ,
Intellectual Property Protection ,
Labor Code ,
Misclassification ,
Unemployment Insurance ,
Work Made For Hire Doctrine