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On June 28, 2018, the California Legislature unanimously passed, and the Governor immediately signed, a sweeping expansion of data privacy protections for residents of California.  Assembly Bill No. 375, entitled the “California Consumer Privacy Act of 2018” (the “CCPA”) goes far beyond current U.S. privacy
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TheTMCA.com blog has had a busy first half of 2018 with a total of 62 posts so far this year. Thank you to our loyal readership, which keeps growing. In case you missed them, here are our top 8 posts of 2018 so far, with
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A new means for fighting back against copycats in the fashion industry is on the rise: online call-outs. Brands can take their grievances directly to the public on social media to draw attention to design imitations (and in the process educate consumers about authenticity). Posts
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A recent NAD decision about salad spinners illustrates several principles generally applicable to product testing used to substantiate superiority claims: (1) the test conditions need to be relevant to how the product performs in a typical consumer context; (2) the test results must be statistically
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There is a little-known, even lesser-enforced, section of the United States Code that actually prohibits the printing of the American flag on paper napkins and other disposable products like paper plates, cups and boxes.  The United States Flag Code, as it is known, also expressly
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Coffee addicts and meme fanatics are slightly less caffeinated and slightly less entertained after a California federal district court recently ruled that Grenade Beverage, LLC infringed the intellectual property rights of viral meme sensation Grumpy Cat, when Grenade Beverage sold ground coffee using her name and
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Under U.S. Copyright Law, copyright protection affixes to “original works of authorship fixed in any tangible medium of expression.”  While copyright registration is not required to claim copyright rights, Section 411(a) of the Copyright Act requires registration prior to commencement of a federal copyright lawsuit. 
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The organization tasked with managing the Internet’s domain names is struggling to come to terms with Europe’s new data privacy law.  On June 18, 2018, the Internet Corporation for Assigned Names and Numbers (“ICANN”) published for discussion the draft Framework Elements for a Unified Access
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Social media is an important marketing channel for many organisations. It is also a convenient way by which marketers can learn about customers, through data collected when they use social media channels. A recent case before the Court of Justice of the EU (“CJEU”) highlights
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Stop us if you’ve heard this one—Conan the Barbarian and a Romulan walk into the Krusty Krab.  SpongeBob looks at Conan and says, “I know you, but where’s he from?”  In the latest chapter of a case we’ve blogged about before, the U.S. Court of
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