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CAS Legal Mailbag Question of the Week – January, 2018 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: As the principal of a medium-size high school, I am responsible for investigating and acting on bullying claims. Last week, two sophomore girls came to me to report that a senior male student had been...more

Ag-Gag Law Update

by Husch Blackwell LLP on

On June 22, 2017, September 15, 2017 and October 12, 2017, we blogged about so-called ag-gag laws, laws designed to prevent investigative journalism about producers of food. These laws raise serious First Amendment questions...more

Social Links: Facebook ups its facial recognition game; retracing Twitter’s 2017 missteps; YouTube stars’ fan bases reach their...

In order to comply with a new German law requiring social media sites to take down hate speech, Twitter and Facebook removed anti-Islamic social media posts authored by a German far-right political party....more

Repeal of Net Neutrality? Everyone loses except the powerful

Web Access Through Corporate Control - The barrage of backlash booming around the repeal of the net-neutrality law by the Federal Communications Commission is facing an all-fronts assault. The communications companies that...more

Two More Anti-SLAPP Motions Filed in DC Federal Court Cases

by LeClairRyan on

We are one step closer to a decision from the DC Circuit on whether its Abbas ruling remains good law following the DC Court of Appeals’ Mann decision. The plaintiff in the Deripaska v. Associated Press case has appealed the...more

Trademark Practice Update: Scandalous? Immoral? It's all Good

On December 15, 2017, the U.S. Court of Appeals for the Federal Circuit held that the Lanham Act’s prohibitions on registering scandalous and immoral marks discriminated based on content, and violated the First Amendment (In...more

Another Superior Court Judge Dismisses SLAPP Suit

by LeClairRyan on

In the quintessential SLAPP suit, a large, well-heeled plaintiff (typically a corporation) sues an individual for something he/she said, which offends the plaintiff. The goal is to punish the speaker for the speech, so that...more

MarkIt to Market® - December 2017

The December 2017 issue of Sterne Kessler's MarkIt to Market® discusses how ultra violet is the new black, a trademark practice update, and lists the new gTLD Sunrise periods. Please see full Newsletter below for more...more

Social Links: Twitter’s tougher anti-hate-speech policy; tech-industry-friendlier version of bill to narrow the §230 safe harbor;...

In an effort to deter hate groups from tweeting sanitized versions of their messages, Twitter has began considering account holders’ off platform behavior when the platform evaluates whether potentially harmful tweets should...more

How Scandalous! Federal Circuit Holds Vulgar Trademarks Are Registrable

by Jones Day on

Trademarks will no longer be refused registration on the basis that they constitute immoral or scandalous matter. On December 15, 2017, the U.S. Court of Appeals for the Federal Circuit unanimously ruled in In re Brunetti...more

Immoral and Scandalous Matter are as Registrable as Disparaging Matter; The Principal Register is FUCT

In In re Brunetti, [2015-1109] (December 15, 2017), the Federal Circuit reversed the Trademark Trial and Appeal Board, which affirmed the examining attorney’s refusal to register the mark FUCT because it comprises immoral or...more

In Re: Erik Brunetti

by Knobbe Martens on

Federal Circuit Summaries - Before Dyk, Moore, and Stoll. Appeal from the Trademark Trial and Appeal Board. Summary: The bar in § 2(a) of the Lanham Act against registering immoral or scandalous trademarks is an...more

Religion, Kombucha, and the First Amendment: California Court of Appeal Affirms Dismissal of Defamation Claim Against Web...

by Kelley Drye & Warren LLP on

The California Court of Appeal issued a recent ruling with interesting ramifications for media, entertainment, and First Amendment practitioners. The decision by the Second District Court of Appeal, though unpublished, has...more

Federal Circuit Holds “Scandalous and Immoral” Ban Unconstitutional

by Snell & Wilmer on

Last Friday, in In re Brunetti, the Federal Circuit held that the ban on “scandalous and immoral” trademarks under 15 U.S.C. § 1052(a) is unconstitutional. The decision follows the June 19, 2017, Supreme Court decision, Matal...more

Nation on Hold for Supreme Court Carpenter v. United States Decision

by Reed Smith on

On November 29, many interested audience members packed into the Supreme Court to witness oral argument on the issue of whether the Fourth Amendment demands that the government obtain a warrant in order to acquire long-term,...more

California Court of Appeals Affirms Dismissal Under Anti-SLAPP Statute of Defamation Claim Against Online Platform Hosting...

by Ballard Spahr LLP on

A recent appellate ruling may have important implications for online publishers who invite, encourage, and even compensate third-party contributors to post information without prior approval or review....more

First Amendment Rights of California Public Agencies Affirmed by Appellate Court - Anti-SLAPP Motion Successful in Dispute

by Best Best & Krieger LLP on

A court of appeal dismissed a challenge to a county’s characterization of stored chemicals as hazardous waste, holding that by making that determination and forwarding it to the district attorney, the county had engaged in...more

Food Advertising And Compelled Commercial Speech In 2017

According to the Hyper-Chicken, a lawyer from my favorite television show, “freedom of speech applies to what comes out of a mouth, not what goes in.” State of Alabama v. Giant Space Iguana, 273 U.S. O (2976) (chewing corners...more

Second Circuit Affirms Dismissal of Sheldon Adelson’s SLAPP Suit Against National Jewish Democratic Council

by Ballard Spahr LLP on

The Second Circuit has now affirmed dismissal of a defamation lawsuit brought by casino magnate and Republican mega-donor Sheldon Adelson against the National Jewish Democratic Council (NJDC) and two members of its...more

Government Actions are Not Protected Speech Under California Anti-SLAPP Law - Appellate Opinion Stems from Disputed Construction...

by Best Best & Krieger LLP on

When a government entity issues a construction permit, that is government action not protected by California’s anti-SLAPP law — which extends only to constitutionally protected exercises such as “free speech” — the California...more

Supreme Court Searches for Fourth Amendment Line for the Digital Economy

by Ropes & Gray LLP on

On November 29, 2017, the Supreme Court heard oral argument in Carpenter v. United States. The Court’s decision could have critical implications for companies operating in the digital economy and their ability to limit...more

Ninth Circuit Makes it Easier to Sue for Video Privacy Protection Act Violations But Harder to Win

by Fenwick & West LLP on

The U.S. Court of Appeals for the Ninth Circuit held in Eichenberger v. ESPN that allegations that the Video Privacy Protection Act was violated are sufficient to establish Article III standing, but that the definition of...more

US Supreme Court Evaluates Privacy of Cell Phone Data

Last Thursday, the United States Supreme Court heard argument in Carpenter v. United States. At issue was whether the FBI violated the Fourth Amendment when it obtained the cellphone location records of the Timothy...more

Companies Outside Retail And Financial Industries May Have Additional Arguments To Challenge Standing In Data Breach Cases

by Foley & Lardner LLP on

The data breach at the U.S. Office of Personnel Management was one of the most serious and possibly one of the top ten largest data breaches of the 21st century, compromising background investigation records for some 22...more

Can You Find Me Now? U.S. Supreme Court Considers Cell Phone Location Tracking Data In The Digital Age In Landmark Privacy Case

by King & Spalding on

On November 29, 2017, the U.S. Supreme Court heard oral argument in United States v. Carpenter, a case that could fundamentally change the way the government collects, uses, and tracks individuals’ location information...more

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