The Communications Decency Act, 47 U.S.C. § 230 (“Section 230”), has widely been regarded as a valuable tool to protecting the freedom of expression on the internet. Section 230 states that providers or users of a computer service will not be treated as the publisher...
The Current State of Trademarks in the Cannabis Industry; And Where Developments May Arise in the Year Ahead
The legal landscape for cannabis businesses continues to evolve and is oftentimes highly ambiguous or even contradictory in practice. This is especially true for trademarks, which are largely governed by federal law. Cannabis remains “illegal” on the federal level...
Droit De Suite: The Absence of an Artist’s Resale Royalty in the United States
The story is as old as the art market itself and familiar to anyone who collects art. An emerging artist catches the eye of a reputable collector who, along with other art world insiders, purchases the entire body of work at a relatively inexpensive price. Demand...
Breaking and Entering in a Virtual World
As a privacy and IT attorney, I fielded numerous calls at the beginning of the pandemic asking for advice on how to support a remote workforce. The biggest concern was whether security would be sufficient for remote operations. Perhaps this heightened sensitivity has...
The USPTO v. BOOKING.COM
The USPTO v. BOOKING.COM decision and the future of consumer perception evidence for generic marks. The Supreme Court affirmed that a generic word combined with “.com” can be a valid trademark based on consumer perception. Now what? On June 30, the U.S. Supreme Court...
Google v. Oracle
Later this year, the United States Supreme Court will decide whether Google infringed on Oracle when it used Java Application Programming Interfaces (“API”) in creating its Android operating system. In other words, the highest court in the country is about to answer...
TikTok vs. Copyright Law
While many businesses have experienced COVID-19 related disruptions, there is one notable exception. Around March 2020, TikTok saw an exponential growth in users after many states issued shelter in place orders. TikTok is owned by ByteDance, the Beijing based company...
Copyright protection tips: Things to keep in mind
As a creative professional, it’s important to have a clear understanding of copyright law. Unfortunately, the word “clear” and copyright law don’t typically go together hand-in-hand. With so much confusion, it’s easy to make mistakes that put your work at risk....
The battle to protect the beloved Baby Yoda
With the launch of Disney’s new streaming service came the birth of the internet darling affectionately known as “Baby Yoda.” This unofficial moniker refers to character referred to as The Child in the popular “Star Wars” spinoff “The Mandalorian.” Out of a desire to...
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