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Enforcing Trademarks Through Customs Recordation

Federal trademark owners can provide added protection for their mark by recording the registration on the Principal Register with U.S. Customs and Border Protection (“CBP”). This cost-effective method helps address infringing products imported into the United States. In 2020, CBP seized 26,503 shipments of counterfeit goods worth more than $1.3 billion. The CBP also arrested 203 individuals,…

Supreme Court Sides with Student Athletes...But What Does That Mean?

On June 21, 2021, the Supreme Court of the United States changed the collegiate sports world by rendering an opinion in the National Collegiate Athletic Association (“NCAA”) v. Alston, which ultimately will allow student athletes to be presented with education-related benefits outside of what the NCAA has historically permitted. While this opinion surely will be cited in future litigation that aims…

How To Overcome Trademark Application Delays

The United States trademark system has slowed to a crawl the last two years thanks to increased applications, a global pandemic, and economic turmoil. Before Covid-19 struck, trademark registrations typically took about a year to process. Now the process takes longer than ever, but you may take several steps to ensure your application proceeds as quickly as possible.

An influx of new application…

New Year New Privacy Considerations: Privacy Considerations for Businesses under the CPRA

In 2021 businesses should focus efforts on data privacy. California has been most active, passing the California Privacy Rights Act (“CPRA”), which goes into effect on January 1, 2023. Earlier this year, we analyzed the CPRA which will expand and modify the current California Consumer Privacy Act (“CCPA”). Companies doing business in California should first evaluate whether they are “covered…

The Implications of the Most Recent CCPA Amendments

Recently, California Governor Newsom signed two bills into law that would amend the California Consumer Privacy Act (“CCPA”) by further altering the extensive data privacy legislation which went into effect earlier this year. The first, AB-1281, extends the employment and business-to-business (“B2B”) exemptions to the CCPA for an additional year until January 1, 2022.  The second, AB-713, creates…

Privacy Post-Schrems II - Third of a Four-Part Series on Compliance with EU Privacy Laws Using Standard Contractual Clauses

In the first couple installments in this blog series, we introduced standard contractual clauses (“SCCs”) and briefed the main U.S. surveillance legal considerations SCCs require in light of the Schrems II case, being Section 702 of the Foreign Intelligence Surveillance Act (“FISA”) and Executive Order 12333 (“EO 12333”). The Court of Justice of the European Union (the “CJEU”) in the Schrems II

Privacy Post-Schrems II - Fourth of a Four-Part Series on Compliance with EU Privacy Laws Using Standard Contractual Clauses

In the first two installments in this blog series, we introduced standard contractual clauses (“SCCs”) and briefed the main U.S. surveillance legal considerations SCCs require in light of the Schrems II case, being Section 702 of the Foreign Intelligence Surveillance Act (“FISA”) and Executive Order 12333 (“EO 12333”). The Court of Justice of the European Union (the “CJEU”) in the Schrems II case…

New Group Registration Rule Adopted by the Copyright Office

Bloggers, social media influencers, and other online content creators may now to take advantage of a new group copyright registration option for short online works such as blog entries, social media posts, and other short online works. The Copyright Office recently adopted a new rule implementing group registration to assist copyright registration for high volume or daily content creators.…

Privacy Post-Schrems II - Second of a Four-Part Series on Compliance with EU Privacy Laws Using Standard Contractual Clauses

As discussed in the first installment in this blog series, the Schrems II case gave new significance to the use of standard contractual clauses (“SCCs”) for personal data transfers from EU countries to countries outside of the European Union (the “EU”) or the European Economic Area, including the United States. However, the “adequacy” of the appropriate safeguards in SCCs depends heavily on the…

Privacy Post-Schrems II - First of a Four-Part Series on Compliance with EU Privacy Laws Using Standard Contractual Clauses

The Schrems II case has had substantial impact on personal data transfers from the European Union (the “EU”) to the United States. As Jackson Kelly explained previously, the Schrems II case:  1) upheld the validity of standard contractual clauses (“SCCs”) for the transfer of personal data to recipients established in third countries; but 2) invalidated the adequacy of the protection provided by…

Federal Court Issues Preliminary Injunction Blocking U.S. WeChat Ban

On September 18, the U.S. Commerce Department announced that it had banned Chinese-owned mobile apps WeChat and TikTok from U.S. app stores. WeChat is a social messaging app used for mobile payments and transfer of funds owned by Chinese multinational, Tencent Holdings. Department of Commerce Secretary, Wilbur Ross, announced that both apps and their app updates would no longer be distributed in…

Governor Tom Wolf Urges Legislature to Legalize Recreational Marijuana in Pennsylvania

On August 25, Pennsylvania Governor Tom Wolf released a statement publicly endorsing the legalization of recreational marijuana sales and usage. Governor Wolf stated that the revenue earned from the legalization of the substance could be utilized to fund small business relief efforts amidst economic fallout as a result of Covid-19. Additionally, the Governor would earmark this extra revenue to…

 

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