Congress, President Align on Powerful New U.S. Intellectual Property Protection Law
TheTMCA.com
by Nelson Dong, Larry Ward, Justin Huff, Geoff Godfrey, Dave Townsend and T. Augustine Lo
6d ago
On January 5, 2023, President Biden ushered in the new year by signing into law the Protecting American Intellectual Property Act of 2022 (“PAIPA”), Pub. Law 117-336.1 PAIPA was passed with considerable bipartisan support in both houses of Congress. The new law mandates the collection of certain The post Congress, President Align on Powerful New U.S. Intellectual Property Protection Law first appeared on TheTMCA.com ..read more
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Policing the Digital Space – New Rules Require Platforms to Take Responsibility for Users’ Content
TheTMCA.com
by Tessa Adams and Ron Moscona
1w ago
Since the emergence of the Internet, under current European Union rules, services that host user-generated or user-contributed content have enjoyed legal immunity from liability, provided they take down unlawful content once notified of it. This existing regime gave online platforms, such as search engines, social The post Policing the Digital Space – New Rules Require Platforms to Take Responsibility for Users’ Content first appeared on TheTMCA.com ..read more
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ChatGPT: New Tool, Familiar Issues
TheTMCA.com
by Catherine Parrish Lake and Gloria Park
1w ago
What is ChatGPT? When asked this innocuous question, ChatGPT introduces itself, more or less, as an AI assistant trained to provide information and answer questions on a wide range of topics. It stresses that it does not have the ability to conduct internet searches or The post ChatGPT: New Tool, Familiar Issues first appeared on TheTMCA.com ..read more
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The FTC’s New Year’s Resolution for 2023: Healthier Health Claims
TheTMCA.com
by Fara Sunderji
2w ago
Just in time for your health-focused new year’s resolutions, the FTC released an updated guide for marketers: The Health Products Compliance Guidance. This guide last issued in 1998 under a more narrow title, focusing on dietary supplements. The world of health has changed a lot The post The FTC’s New Year’s Resolution for 2023: Healthier Health Claims first appeared on TheTMCA.com ..read more
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So, Nine Justices Walk into a Bar… SCOTUS to Consider Role of Humor in Infringement and Dilution Claims
TheTMCA.com
by Breanne Wernars and Evan Everist
1M ago
Justices of the Supreme Court will soon put on their whiskey glasses to decide the proper tests for infringement and dilution claims involving humorous use of another’s trademark. The Court granted certiorari in November to consider a dispute between VIP Products, LLC (“VIP”) and Jack The post So, Nine Justices Walk into a Bar… SCOTUS to Consider Role of Humor in Infringement and Dilution Claims first appeared on TheTMCA.com ..read more
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Taco Tuesday: It’s a Tasty Cultural Phenomenon Not a Trademark
TheTMCA.com
by Fara Sunderji
1M ago
More and more, we see trademark applications being filed for cultural phenomena, viral sensations and catchy hashtags. We’ve covered this topic before. Do you remember #covfefe? A recent non-precedential decision issued just after Thanksgiving once again confirmed that common laudatory phrases are often incapable of The post Taco Tuesday: It’s a Tasty Cultural Phenomenon Not a Trademark first appeared on TheTMCA.com ..read more
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Eleventh Circuit: First Amendment Means MTV Floribama Shore Does Not Infringe FLORA-BAMA Trademark
TheTMCA.com
by Ben Kappelman
1M ago
In MGFB Properties, Inc. v. Viacom Inc., the U.S. Court of Appeals for the Eleventh Circuit recently sided with Viacom and its subsidiary MTV in a trademark action brought by the owners of the Flora-Bama Lounge, who alleged infringement by the television series MTV Floribama The post Eleventh Circuit: First Amendment Means MTV Floribama Shore Does Not Infringe FLORA-BAMA Trademark first appeared on TheTMCA.com ..read more
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Universal Opt-Out/Global Privacy Control: Preparing for the New Online World
TheTMCA.com
by Jamie Nafziger
1M ago
2022 has been a whirlwind year for cybersecurity, data, and privacy counsel who are navigating an expanding regulatory landscape and unique sets of legal requirements from numerous jurisdictions. This trend is likely to continue and grow more complex in the new year as additional states The post Universal Opt-Out/Global Privacy Control: Preparing for the New Online World first appeared on TheTMCA.com ..read more
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Forestall Phishing Forays with Sophisticated Domain Name Watching
TheTMCA.com
by Jamie Nafziger and Breanne Wernars
2M ago
With the holiday season upon us and online goods and services flying off the virtual shelves, companies should not lose sight of the increased risk of phishing and cyberattacks. Society’s reliance on online commerce means businesses are under immense pressure to ensure their website domain The post Forestall Phishing Forays with Sophisticated Domain Name Watching first appeared on TheTMCA.com ..read more
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Poaching Employees Landed Generator Maker into Hot Water
TheTMCA.com
by Benjamin Greenberg and Janelle Elysee
2M ago
In a recent trade secrets litigation in the United States District Court in the Northern District of California, a jury awarded the plaintiffs 40 million dollars, half of which was punitive damages. The Court also subsequently issued a permanent injunction enjoining the use of the The post Poaching Employees Landed Generator Maker into Hot Water first appeared on TheTMCA.com ..read more
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