Year: 2022
This post is an update. Read the original post here, the second addendum here and the third addendum here. As we previously reported, in July 2020, the Court of Justice of the European Union (“CJEU”), in a case known as Schrems II, invalidated the Privacy Shield, the safe harbor mechanism relied on by businesses to [...]
Read moreThis post is an update. Read the original post here, the first addendum here, and the second addendum here. We have previously reported on the announcement by the United States Patent and Trademark Office (“USPTO”) that it would require filer’s biometric data through ID.me, and its subsequent announcement that it would postpone the initial effective date [...]
Read moreWe have previously highlighted the inadequacy of current intellectual property laws to protect the intangible culture of indigenous populations. The collective and multi-generational ownership of assets such as traditional knowledge, legends and storytelling – often secret or sacred – fall outside the confines of traditional copyright and trademark law and leave these communities with few [...]
Read moreAs we reach the two-year anniversary of COVID-19 lockdowns in the United States, remote work remains a part of daily life. Over half of Americans whose jobs permit them to work from home are doing so, and 78% of those currently working from home all or most of the time would like to continue to [...]
Read moreWe have previously written about the growing trend for companies to collect biometric data on individuals and the concerns around how that data is used and stored. We have also discussed how certain state laws, like the Illinois Biometric Information Privacy Act (BIPA), can hold companies accountable through private rights of action, i.e., where consumers have the [...]
Read moreThis post is an update. Read the original post here and the first addendum here. We have previously reported on the proposed requirement of the United States Patent and Trademark Office (“USPTO”) that parties filing trademark applications provide biometric data to a private company, ID.me, and the subsequent backlash against a similar proposal requiring identity verification [...]
Read moreThis post is an update. Read the original post here and the first addendum here. We have previously discussed the decision of the U.S. Court of Appeals for the Second Circuit in The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 992 F.3d 99 (2d Cir. 2021). Reversing the district court, a three-judge panel of the [...]
Read more“And what do you do?” “Oh, I’m a YouTuber!” The number of Americans who derive at least a part of their yearly income from posting original content on the Internet exploded over the past decade. The rise of new platforms like TikTok and Instagram Reels, combined with the video sharing site YouTube, has unlocked a [...]
Read moreThis post is an update. Read the original post here. We previously reported on Unicolors, Inc. v. H&M Hennes & Mauritz, LP, in which designer Unicolors asked the Supreme Court to decide if under the Prioritizing Resources and Organization for Intellectual Property Act (“PRO IP Act”) an inadvertent mistake of law invalidates a copyright registration. [...]
Read moreThis post is an update. Read the original post here. On January 20, 2022, the National Collegiate Athletic Association (NCAA) member schools ratified a new, briefer version of its constitution. The most contentious issues involved athletic scholarships for Division II and III schools, as well as self-governance of each Division. However, continuing to permit student [...]
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