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IP & Technology Law Trends

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Cross-Border Data Transfers Just Became More Complicated: EU Court of Justice Strikes Down EU-U.S. Privacy Shield
In an action with major ramifications for data transfers from the European Union (EU) to the United States (U.S.) the Court of Justice of the European Union (CJEU) on July 16 invalidated the EU-U.S. Privacy Shield framework (Privacy Shield), which pr...
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NCAA’s Name, Image and Likeness Modernization Presses Forward
On June 12, Florida Governor Ron DeSantis signed a name, image and likeness (NIL) bill into law, moving up the deadline for the NCAA to complete ongoing efforts to modernize its NIL rules. Unlike California’s Fair Pay to Play Act and Colorado’s NIL b...
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USPTO Provides Further Relief to Patent and Trademark Applicants In Response to the Continuing COVID-19 Pandemic
As a further update to our earlier posts (U.S. Patent and Trademark Office Increases Extensions to Deadlines under the CARES Act; How the USPTO is Responding to the Coronavirus Outbreak; and USPTO and Copyright Office Announce Extensions to Deadlines...
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Miller Nash Prevails at United States Supreme Court
Two brothers in India formed a partnership to carry on the family business. Their partnership agreement contained a clause requiring the brothers to resolve all disputes “of any type whatsoever in respect of the partnership” by arbitration in India....
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Supreme Court Expands Rights to Register Domain Names as Trademarks
The United States Supreme Court issued a decision on June 30, 2020, holding that “Booking.com” can be registered as a trademark. The decision, United States Patent and Trademark Office, et al, vs. Booking.com B. V., reverses longstanding Trademark Of...
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First Amendment Beats Trademark Rights Three Times in One Day
Trademarks protect against consumer confusion. But the First Amendment protects speech even when it may result in some confusion. When these two principles intersect, trademark holders may be surprised to find that the First Amendment often wins. In...
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