IP & Technology Law Trends
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Ninth Circuit to Copyright Owners: Consider Fair Use Before Submitting DMCA Notices
A recent decision by the Ninth Circuit Court of Appeals in Lenz v. Universal Music answered a question that it seems nobody has asked until now: Is it necessary to consider fair use before submitting a takedown notice under the Digital Mill...
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Deadwood on the U.S. Trademark Register: Random Audit Pilot Program Proposed to be Made Permanent
The U.S. Patent and Trademark Office (USPTO) has long been concerned about so called "deadwood" on its register -- registrations granted where the registration is not being used or not used on all goods/services identified in the registration, but th...
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Third Circuit Affirms FTC Enforcement Authority Over Cybersecurity Practices
Recently, the U.S. Court of Appeals for the Third Circuit ruled that the Federal Trade Commission (the “FTC”) may pursue a lawsuit against Wyndham Worldwide Corporation, a hotel and time-share operator, for “unfair and deceptive” cybersecurity practi...
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Scorched! What Happens to a Brand When a Spokesperson Does the Unthinkable? (Part I)
Jared Fogle and Subway. The two names went together—Jared became, if not famous, at least well known by his many years as the face (and body) of Subway sandwich shops. And Subway's famous SUBWAY brand was integrally tied to Jared. Until it all came c...
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Update: Neiman Marcus Asks for En Banc Review of Recent Seventh Circuit Data-Breach Ruling
We recently wrote a post on this blog analyzing the Seventh Circuit’s ruling that the victims of a Neiman Marcus data breach could proceed with their claims against the retailer. We noted the significance of the decision because it allowed...
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Brexit Updates
We met last week with Dan Reavill and Richard Brown from Travers Smith, who gave us an update on Brexit. Here are the highlights from these two esteemed London lawyers:
Overview. It has been 12 weeks since the historic Brexit vote. And...
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