Cancelling a Trademark: What’s Peloton’s Spin?

By: Stacey C. Friends & Sean D. Detweiler During the recent pandemic, you've probably heard this brand everywhere: Peloton. If you don't have a Peloton bike of your own, you probably have a fitness-enthusiast friend who owns one (and tells you all about their spin class pursuits). With this stationary bike maker all the rage, …

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New York Extends Its Right of Publicity and Penalizes Sexually Explicit Deepfakes

By: Howard Zaharoff On November 30, 2020, Governor Andrew Cuomo signed Senate Bill S5959D, effective on May 29, 2021, to amend New York law in two ways. First, the bill establishes the right of publicity for certain deceased individuals, and second, it provides a private right of action for unlawful dissemination or publication of certain sexually explicit depictions. …

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IoT Baby-Steps: The Feds Enact Cybersecurity Improvement Act

By: Howard Zaharoff On December 4, 2020, the Internet of Things (IoT) Cybersecurity Improvement Act of 2020 (H.R. 1668, 116th Cong.) (the “Act”) was signed into law. This bipartisan bill requires the National Institute of Standards and Technology (NIST) to create minimum cybersecurity standards for IoT devices purchased or used by the federal government. Guidelines are to be developed over the next several months, so …

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Trademark Fees Increasing January 2, 2021

By: Stacey Friends and Sean Detweiler For the first time in three years, The USPTO is setting and adjusting Trademark and Trademark Trial and Appeal Board fees through its Final Rule, effective January 2, 2021. The goals of the fee increases, as stated by the USPTO, are to: Enhance the quality of examinations Achieve optimal examination times Invest in modernizing USPTO systems and infrastructure …

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Amanda Schreyer Quoted in Business Insider on Influencer ‘Usage Rights’

Business Insider recently interviewed Morse media and marketing attorney, Amanda Schreyer, along with several brand influencers and managers, in regards to 'usage rights,' a highly-negotiated part of brand contracts. What are 'Usage Rights'? Generally regarded as one of the most important things influencers should consider when signing a contract with a brand, the term itself …

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Protect Your Blogs and Posts: Copyright Office Announces New Group Registration Process for Short Online Literary Works

By: Howard Zaharoff Good things come to those who register their copyrights, including the rights to sue for infringement (you can claim copyright in any original work, but you can sue for infringement only if you’ve registered the work with the Copyright Office) and to recover statutory damages and attorneys’ fees when your registered work …

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EU Regulators Crack Down on Taking Cookies from the Cookie Jar: How the EDPB’s Recent Consent Guidelines May Affect Your Business’s Website 

In May of this year, the European Data Protection Board (EDPB) issued guidelines on consent under the General Data Protection Regulation (GDPR). Consistent with European practice (perhaps tradition at this point), the EDPB requires a high threshold to be met for adequate consent to process personal data. As a result of the guidelines, we have …

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Trademark Office Offers Accelerated Examination For COVID-19-Related Trademark Applications

By: Sean Detweiler The USPTO recently announced that it is accepting petitions to accelerate the timeline for examination of new trademark applications for trademarks used to identify certain COVID-19 medical products and services (see USPTO: Relief Available to Trademark and Service Mark Applicants in View of the COVID-19 Outbreak: Petitions to Prioritize the Initial Examination of …

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Contours of Copyright: Supplementary Note to “The States Win One and Lose One.”

Earlier this month we reported on two Supreme Court cases affecting states’ rights under copyright law. The victory for states came in Allen v. Cooper, which held that the Copyright Remedy Clarification Act of 1990 lacked a proper constitutional foundation to abrogate states’ immunity, under the 11th Amendment, from private copyright infringement suits. The Court …

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Contours of Copyright: The States Win One and Lose One 

Two recent U.S. Supreme Court cases affect the rights of states under copyright law, one pro-state, one anti-state (really more pro-public). In his new copyright article, Howard Zaharoff discusses the Court's rulings in Georgia v. Public.Resource.Org Inc. and Allen v. Cooper, Governor of North Carolina. The state loss was Georgia v. Public.Resource.Org. Inc. (decided April 27, …

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