Websites are ubiquitous, and so are cookies and tracking pixels (a/k/a web beacons). A web browser uses cookies to store login details and preferences; the cookies also track and profile user behavior. When visiting a...more
7/9/2025
/ Amazon ,
Audits ,
California ,
CIPA ,
Consent ,
Cookies ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Enforcement Actions ,
Facebook ,
Federal Trade Commission (FTC) ,
Google ,
Privacy Laws ,
Settlement ,
Social Media ,
Tracking Systems ,
Websites ,
YouTube
New York State Governor Hochul recently gave us a “pre” New Year’s gift: effective on December 21, 2024, any individuals or businesses possessing the “private information” of New Yorkers must notify them, and certain state...more
1/17/2025
/ Compliance ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
New Legislation ,
Personal Data ,
Personal Information ,
Personally Identifiable Information ,
Privacy Laws ,
Reporting Requirements ,
Risk Management ,
State Attorneys General ,
State Privacy Laws
Hackers commit financial fraud by creating a fake email address mimicking the vendor’s name and emailing accounts payable saying that the vendor’s account information has been changed. Funds are then sent directly to the...more
There once was a company named Zotz, Which created toys for tots, Let’s use “Robotoy,” Zotz declares, File at once, Lawyer Zares, Months later, Zotz is dejected, Too descriptive, trademark rejected.
First published in...more
There once was a company named Zotz, Which created toys for tots, It set up abroad, of course! But filing first is KnockOffSource, Can Zotz manufacture? Methink “notz!”
First published in Inside magazine, NYSBA, Fall...more
There once was a company named Zotz, Which created toys for tots, The newest toy, named Ketter™, Recalled after a cease and desist letter, Oh my, no trademark search, CEO Zotz?
First published in Inside magazine,...more
On Friday, August 21, 2023, Stephen Thaler lost his appeal of the Copyright Office’s refusal to register a piece of art generated by his “Creativity Intelligence” AI computer system. U.S. District Judge Beryl A. Howell agreed...more
With the increasing use of artificial intelligence (AI) in creating literary and artistic works, the U.S. Copyright Office has now addressed the issue of the copyrightability of works containing AI-generated materials. After...more
For many years, the U.S. Trade Representative has published a Special 301 Priority Watch List of countries that do not adequately protect intellectual property rights. Even though Russia has been on that list for the last few...more
The U.S. and the European Commission (EC) took an important step towards a new data transfer framework as President Biden and EC President Ursula von der Leyen jointly announced on March 25 that an agreement in principle had...more
On January 1, 2022, the China National Intellectual Property Administration’s (CNIPA) newly-issued Standards for Judging General Trademark Violations (Standards) took effect.
The Standards implement concrete guidelines...more
What is the CCB?
Congress passed the CASE Act (Copyright Alternative in Small-Claims Enforcement Act of 2020) in December of 2020, which included authorization for the Copyright Office to establish a three-member tribunal...more
The question of fair use has been the subject of many notable court decisions, including one recent one from the Second Circuit Court of Appeals holding that Warhol’s use in the artwork of Lynn Goldsmith’s photographs wasn’t...more
4/20/2021
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Google ,
Intellectual Property Litigation ,
Java ,
Oracle ,
Oracle v Google ,
SCOTUS ,
Transformative Use
Decades ago, Andy Warhol created 15 silkscreen prints and pencil illustrations based on Lynn Goldsmith’s 1981 photograph of the artist Prince. Goldsmith’s agent had licensed Vanity Fair to use the image to publish an...more
On December 1, 2020, New York State Governor Andrew Cuomo signed Senate Bill S5959D (the Bill) into law. The Bill adds Section 50-f to the civil rights law, establishing a right of publicity for deceased performers and...more
Intellectual Property Co-chair Amy Goldsmith and Co-Founder & Managing Partner at AcceleratingCFO Brian Califano join Litigation Partner and host Rich Schoenstein to chat about “The Requirements of the SHIELD Act and Other...more
8/17/2020
/ Business Operations ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Hackers ,
New Legislation ,
Personal Data ,
Personally Identifiable Information ,
Policies and Procedures ,
Privacy Laws ,
Remote Working ,
SHIELD Act ,
State Data Breach Notification Statutes
Now more than ever before, almost everyone is online, both personally and for business purposes. There is a lot of confusion about posting pictures and images on social media - Instagram, Facebook, Pinterest and other...more
In a follow up to our alert issued on April 2, 2020, in accordance with The Coronavirus Aid, Relief and Economic Security Act (CARES Act), on April 28, 2020, United States Patent and Trademark Office (USPTO) Director Andrei...more
Under what circumstances can a building owner legally remove artwork from a building?
In 2018, a group of graffiti artists was awarded $6.75 million dollars for the improper removal of their art. On February 20, 2020, the...more
On March 31, 2020, in accordance with The Coronavirus Aid, Relief and Economic Security Act (CARES Act), United States Patent and Trademark Office (USPTO) Director Andrei Iancu issued a public notice regarding the extension...more
The COVID-19 pandemic has had an impact on patent and trademark offices and operations globally. Below is a summary of changes seen over the past few weeks.
United States Patent and Trademark Office (USPTO)
The United...more
In this Alert, we reported on the new email address rule. The U.S. Patent and Trademark Office (USPTO), based on objections from trademark attorneys throughout the U.S., has now modified the new email address rule to permit...more
As of February 15, 2020, all new trademark applications and post-registration filings (such as proof of use and renewals) must include an email address of the applicant(s) in addition to the name, email address, and postal...more
In 2019, New York's state legislature did not pass the NYPA: the New York Privacy Act. For the moment, there is no state law governing privacy, although the NYPA may be part of the 2020 legislative agenda. However, the SHIELD...more
On January 1, 2020, the most restrictive data privacy act in the United States, the California Consumer Privacy Act (CCPA), went into effect.
This law is not limited only to businesses that are established or have...more
1/7/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Opt-Outs ,
Personal Information ,
Privacy Laws ,
Private Right of Action