TMR, LLC conceived of and ran the day-to-day business operations for the Chenoa Fund, a mortgage financing business implemented and operated by CBC Mortgage Agency, Inc. Despite this, the Trademark Trial and Appeal Board...more
What do comedian Kevin Hart, model Kendall Jenner, rapper Snoop Dogg, actor Dwayne “The Rock”, Johnson and CNBC’s “Mad Money” host Jim Cramer have in common? They all have inked deals recently to promote alcohol beverage...more
Fashion brand Thom Browne has taken its trademark battle with Adidas overseas, urging a London court to cancel more than 20 of Adidas’s U.K. trademarks for its three-stripe design. This suit is part of an ongoing dispute...more
The Los Angeles District Attorney’s Office has ordered Kanye West’s Yeezy brand to pay $950,000 to settle a class action lawsuit claiming that the brand’s delayed shipping, and lack of notice thereof, is a violation of...more
11/19/2021
/ Attorney's Fees ,
California ,
Civil Monetary Penalty ,
Class Action ,
False Advertising ,
Injunctive Relief ,
Refunds ,
Restitution ,
Settlement Agreements ,
Shipping ,
Unfair Competition
California Signs New CCPA and Privacy Related Bills into Law -
California’s Governor recently signed into law three new bills impacting CCPA and privacy in California, including:
AB 335, which exempts from the CCPA and...more
11/11/2021
/ California ,
California Consumer Privacy Act (CCPA) ,
China ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Data Collection ,
Department of Justice (DOJ) ,
Dodd-Frank ,
Federal Trade Commission (FTC) ,
Fraud ,
New Legislation ,
Personal Information ,
Popular ,
Ransomware ,
State Privacy Laws
The United States Court of Appeals for the Second Circuit recently affirmed a decision by the District Court for the Southern District of New York, finding that refurbished antique watches retaining an original manufacturer’s...more
Mattress manufacturer, Resident Home LLC and its owner, Ran Reske, will pay $750,000 to settle Federal Trade Commission (FTC) charges over alleged misrepresentations that its mattresses were made from 100% USA-made materials...more
FCC Seeks Public Comment on the Current and Future Regulation of the “Internet of Things” -
The FCC is requesting public comment in a proceeding that will help determine the scope and nature of regulation of the “Internet of...more
10/13/2021
/ Artificial Intelligence ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection Impact Assessments (DPIAs) ,
Enforcement Actions ,
FCC ,
General Data Protection Regulation (GDPR) ,
Hacking Back ,
Internet of Things ,
Malware ,
Mobile Apps ,
NIST ,
Notice of Proposed Rulemaking (NOPR) ,
Opt-Outs ,
Popular ,
Public Comment ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Settlement ,
Software
A federal district court judge recently refused to dismiss a trademark infringement claim against an influencer engaged by Rodan & Fields to promote one of its new cosmetic products. Notably, the infringement claim targets...more
In Blackbaud Inc. Customer Data Security Breach Litigation, No. 3:20-mn-02972 (D.S.C. Aug. 12, 2021), a federal judge found that defendant, Blackbaud Inc. was subject to the CCPA despite its motion to dismiss asserting that...more
9/22/2021
/ California ,
California Consumer Privacy Act (CCPA) ,
China ,
Class Action ,
COPPA ,
Cyber Attacks ,
Data Breach ,
Data Collection ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Personal Information Protection Law (PIPL) ,
Securities and Exchange Commission (SEC) ,
Settlement ,
Standard Contractual Clauses ,
UK
The Middle District of Pennsylvania recently rejected arguments that a report created in response to a data breach was protected as work-product and/or under attorney-client privilege because:
The report’s Statement of Work...more
US Department of Homeland Security Publishes Strategic Plan on Artificial Intelligence -
The Dep’t of Homeland (DHS) Security Science and Technology Directorate recently published its Artificial Intelligence & Machine...more
8/18/2021
/ Analytics ,
Artificial Intelligence ,
Biometric Information ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
General Data Protection Regulation (GDPR) ,
Machine Learning ,
Popular ,
Risk Mitigation ,
Wiretapping
A federal district court recently found that a large diet and wellness company likely violated California’s Automatic Renewal Law by failing to send consumers confirmation emails that included specific instructions about how...more
SCOTUS: Accessing Private Database for Improper Purpose Not Violation of Computer Fraud and Abuse Act.
In a recent Supreme Court case, Van Buren v. United States, the Court narrowed the applicability of the Computer Fraud...more
7/20/2021
/ Attorney-Client Privilege ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Computer Fraud and Abuse Act (CFAA) ,
Data Security ,
Databases ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
European Commission ,
Federal Trade Commission (FTC) ,
Internet Privacy ,
Police ,
Popular ,
Ransomware ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Settlement ,
Standard Contractual Clauses ,
Unauthorized Access ,
Van Buren v United States
BIPA, the frequently used basis for class action lawsuits in connection with facial recognition, fingerprint, and other technologies is once again serving as the basis for two recently filed suits.
What to Know -
Class...more
The Second Circuit confirmed last month that parties settling trademark disputes have significant flexibility to avoid violating the antitrust laws. The Court overturned a Federal Trade Commission (FTC) decision finding that...more
Rapper and actor Ice Cube sued the online trading platform Robinhood alleging false association, misappropriation of publicity rights, and unfair competition based on Robinhood’s use of Ice Cube’s image and a paraphrased...more
Colorado passes its own omnibus state privacy law. Although there are overlaps with the California and Virginia privacy laws, the Colorado Privacy Act has its own distinctions and variations, namely a longer cure period and...more
6/18/2021
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CDPA ,
Colorado ,
Consent ,
Corporate Counsel ,
Data Controller ,
Data Privacy ,
Data Profiling ,
Opt-Outs ,
Personal Data ,
Privacy Laws ,
Targeted Digital Advertising
In May 2021, two photojournalists filed a class action lawsuit against Instagram, alleging that the social media giant allowed and encouraged third parties to ‘embed’ images shared to the platform in violation of copyright...more
JaQuel Knight, choreographer to musical artists such as Beyoncé and Meghan Thee Stallion, has announced plans to launch a company to copyright dance moves. This announcement comes on the heels of his recently acquired...more
In April 2021, the Second Circuit issued a decision recognizing an increased risk of future, unrealized identity theft or fraud as a basis for establishing Article III standing.
Background -
The case, McMorris v. Carlos...more
The National Highway Traffic Safety Administration (NHTSA) implemented a new regulation permitting low-volume automobile manufacturers to construct and sell limited numbers of replica vehicles, subject to intellectual...more
After much media hype, Nike Inc. has settled a trademark dispute with the artist collective, MSCHF Product Studio, Inc., over claims that MSCHF deceived consumers into believing that Nike is affiliated with the collective’s...more
In an attempt to align with their clients’ values, a growing number of businesses are selling products that are “ethically” sourced or “sustainable.”
Both the US and the EU have started to monitor such claims and take...more
In an attempt to align with their clients' values, fashion companies have tried to manufacture and produce clothing that is ethically made and sustainable.
Both the US and the EU have started to monitor such claims and...more