Notable Blockchain Developments in Early 2018

Cryptocurrencies and blockchain technology are no longer relegated to the most esoteric corners of the Internet.  While these important technological and social innovations were once widely unknown, or considered the purview of the dark web, they have now reached the mainstream.  Federal and state governments, as well as major corporations, are taking notice. Here are

Initial Coin Offerings: Benefits and Legal Risks on the New Frontier of Investing

It takes a lot to build a successful business.  Entrepreneurs need a great idea, dedication and a hearty appetite for risk.  That’s not to mention the more practical considerations, like employees, legal and accounting, work space, computers, software and technology, marketing, advertising, publicity, and the list goes on.  How, one may ask, can a business

Online Service Providers Take Note – The New Requirements for Designating a DMCA Agent Apply to New and Existing Agents

One of the Digital Millennium Copyright Act’s (“DMCA”) cardinal features is protection for internet service providers against copyright infringement claims based on content provided by third parties (the “Safe Harbor”).  Without the DMCA Safe Harbor, countless websites that allow their users to upload or post content would risk liability for the actions of those users. 

A Heavy Shield to Bear – An Overview of the New EU-US Privacy Shield

In October of 2015, when the European Court of Justice struck down the US-EU Safe Harbor framework – which allowed EU organizations to transfer EU citizens’ data to the US in compliance with stricter EU privacy laws – thousands of companies that transfer data across the Atlantic were left at sea.  Since the Safe Harbor’s

California Imposes Strict Requirements on Collection and Use of Student Data in SOPIPA

Continuing to establish itself as the most progressive state in the data privacy arena, California has passed the Student Online Personal Information Protection Act (“SOPIPA”).  The law imposes some of the strongest restrictions on the use of students’ information online to date.  SOPIPA will become effective January 1, 2016 and website operators, app developers and

Fashion Brands Can’t Get a Royal Boost

In a rare precedential opinion, the Trademark Trial and Appeal Board (the “Board”) affirmed a refusal to register the trademark ROYAL KATE for use on cosmetics, handbags, bedding and apparel.  The Board found that this mark falsely suggests a connection with Kate Middleton, the Duchess of Cambridge and, more famously, wife of Prince William, and

Sticks, Carrots and Copyrights

Last month, in Sandy Routt, d/b/a, d/b/a Sandys Beach v., Inc., the Ninth Circuit Court of Appeals dismissed claims seeing to hold vicariously liable for the copyright and trademark infringing activities of its affiliate marketing partners. maintains a program in which third party websites agree to display a widget that contains

Judging a Juice by its Label

In POM Wonderful LLC v. The Coca-Cola Company, the US Supreme Court resolved much of the uncertainty surrounding the intersection of unfair competition claims under the Lanham Act relating to food labels and the strictures of the Federal Food, Drug and Cosmetic Act (FDCA).  These two federal statutes cross paths in cases where a food