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New Jersey’s NEW Data Privacy Law

New Jersey has now joined the growing number of states that have enacted comprehensive online privacy protections for certain consumers and that have imposed requirements on companies collecting and processing consumer data...more

INFORM Consumers Act: Let the Sun Shine on the Online Marketplace

Are you facing the frustration (and cost) of playing whack-a-mole with counterfeit and infringing products on Amazon and other online marketplaces? If so, the newly enacted INFORM Consumers Act could be a major new tool in...more

Barking up the Wrong Tree: SCOTUS Sides with Jack Daniels in Bad Spaniels “Parody”

Trademark owners may howl at the artistic and humorous use of their marks by someone else, but that use might be protected as fair use. Trademark owners’ ears perked up at an appeals court holding last year that parody is a...more

All Is Fair In Google And Oracle: Supreme Court Says Google’s Copying Was Fair Use In Landmark Copyright Case

Was it fair for Google to copy 11,500 lines of Oracle’s copyrighted Java Application Programming Interface (API) simply to make it easier for programmers already familiar with Java to develop apps for Google’s Android...more

Substantial Increase In US Trademark Fees Will Ring In New Year 2021

If you are considering filing a new trademark application or maintaining an existing registration, you may want to file your submission before the end of 2020. The United States Patent and Trademark Office (USPTO) will...more

Shaking Up The Internet: An Update

We wrote recently about proposed changes to laws governing content on the internet. Washington has now proposed even more changes that could affect policing of the internet and social media. In brief, Section 230(c) of the...more

Like, Comment, Share, And Protect The Copyright Of Digital Content

Do you produce and share content through social media or a blog? You may be surprised to know that, until now, little copyright protection was available under U.S. law for digital works. Especially considering the ability to...more

Trademark State Of Mind: Willfulness Not Required For An Award Of A Trademark Infringer’s Profits

I don’t have any reasons I left them all behind I’m in a trademark state of mind. A “New York State of Mind” may matter to Billy Joel, but state of mind does not matter when it comes to eligibility for certain remedies...more

A Hole In None: When A Trademark Filing Goes Awry

As lawyers for start-up and emerging-growth companies, we see a range of disputes between founders and costly missteps that could have been avoided with proper planning and good advice. The ownership of intellectual property...more

California Shakes Up Data Privacy For 2020

In keeping with the hurried passage of the California Consumer Privacy Act (CCPA) at inception, the California legislature passed a flurry of amendments to the embattled privacy law just hours before the deadline of the...more

Renew Or Register Your Website’s Copyright Agent Now!

Do you have a website that allows users to comment, review, or post anything? If so, you could be liable for their posts that infringe the copyright of another person. Safe harbor immunities can protect you from this...more

Trademarks For A Budding Industry

While many states have legalized or decriminalized cannabis products, the federal government still considers these products to be illegal. Thus, as people are often surprised to learn, federal trademark protection for these...more

Foreign Trademark Applicants Now Need U.S. Attorneys, Says Trademark Office

The United States Patent and Trademark Office has announced that all foreign trademark applicants and registrants and all parties to Trademark Trial and Appeal Board proceedings must be represented by a U.S.-licensed...more

“F” Word Doesn’t Faze Supreme Court – Supreme Court Says USPTO Cannot Refuse To Grant Trademarks Merely Because They Contain...

George Carlin famously observed that there are seven words you can’t say on TV. Erik Brunetti didn’t get the message and thus sought to register a trademark for a line of clothing called “FUCT.” The U.S. Patent and Trademark...more

Surf’s Up—California Introduces The Next Wave Of The Data Privacy Revolution

Your business may be compliant with the General Data Protection Regulation (GDPR), but that does not guarantee compliance with the next wave of data privacy: the California Consumer Privacy Act (CCPA) going into effect on...more

Bracing For Brexit: IP Considerations To Deal With No Deal

The United Kingdom is likely to exit the European Union on either March 29, 2019, or on December 31, 2020, depending on whether there is “a deal” (there’s always a chance the parties extend the negotiations or the UK revokes...more

Hit Pause On Auto-renewals: Changes Needed By April 2019 To Subscription Plan Operations

Remember Columbia House Records? You signed up, got a dozen albums for a penny, and then maybe tried to cancel your subscription before paying the higher monthly price. This was a very successful business model for attracting...more

Data Privacy Gets Pricey: First Enforcement Outside The European Union

The other GDPR shoe has dropped… with the European data protection law being enforced against a Canadian company. Since the sweeping law went into effect on May 25, 2018, the digital world has been waiting for enforcement...more

Re-Register Takedown Agent or Lose Copyright Shield

If your website allows for posting of user-generated content and you filed an agent designation insulating you from copyright infringement claims, you may be about to lose that legal protection. All existing paper-filed agent...more

Plaster of Paris: US Companies Get Wrapped in EU Data Privacy Rules

Have any data on people in the UK or France? New EU data privacy rules will be setting de facto global standards that will apply to US companies, like it or not. Europe’s lawmakers have given a preview of the new...more

No Trade Secret in Visual Aspects of Software: The Need for Non-Compete Agreements

A federal appeals court recently ruled that “features and functions” of software programs are not trade secrets, particularly when those with access are not required to sign confidentiality agreements. Because trade secret...more

"Want Coke? Buy Pepsi!” Is This Confusing?

Suppose you walk into a greasy cheeseburger joint and ask for a Coke®. A cook who looks remarkably like the late John Belushi doesn’t say, “No Coke; Pepsi.” Instead, he says, “You want Coke? Have a Pepsi!” and you buy the...more

Six Tips for Generating Buzz Without Getting Stung

A good marketing department knows how to generate product “buzz” by leveraging external influencers and promotions. The challenge for the company is to avoid being stung by the FTC’s recently published Endorsement Guides (the...more

FTC Eyes Kickstarter Campaigns for Consumer Protection

Most Kickstarter projects never reach the funding threshold, so funders never pay anything into the venture. However, as shown by recent enforcement action, agencies such as the FTC (Federal Trade Commission) have become...more

1f You Can R3ad Th15 – Security and Scam Alert

You may think there is no value in chasing domain name squatters because customers find your website through search engines, but consider squatters as internal and external security risks. A constantly evolving threat, there...more

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