Trump’s TELERALLY Service Mark: Generic or Too Descriptive to Be Registered?

On July 14, 2020, DTTM Operations LLC (“DTTM”), the entity that holds trademarks for President Donald Trump’s for-profit businesses, filed an application with the United States Patent and Trademark Office (“PTO”) seeking the exclusive right to use the term TELERALLY as a service mark for “organizing events in the fields of politics and political campaigning.” [...]

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Student Privacy Law During the COVID-19 Pandemic

Carolyn Wimbly Martin and Nick Feldstern

How do schools draw the line between protecting student privacy and informing the community about the spread of COVID-19? When it comes to transparency, many believe schools are not doing enough to prevent spread in the classroom by informing students and parents when a classmate, teacher or other employee tests positive for COVID-19. In response, [...]

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Refreshing Your Website: Overlook the Legal Details at Your Peril

Many individuals and businesses are refreshing their websites, as COVID-19 makes our online presence more important than ever. In the process of creating a new look or updating your content, it’s important to consider some often-overlooked legal matters. Content on the Site Be sure you personally or your business own or have permission to use [...]

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Get Out of My Space: Drones and Privacy Law

Carolyn Wimbly Martin and Ethan Barr

In 1849, the Austrian military sent a fleet of large, unmanned balloons equipped with explosives in an effort to blockade the Republic of Venice. Since these “aircraft” were somewhat autonomous, many believe these balloons to be the first example of unmanned aerial systems (UAS), commonly known today as drones. Throughout the next two centuries, drone [...]

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If You Think You Are Insured Against Copyright and Trademark Infringement Claims, Look Again

To the extent businesses worry about the risk of being sued for copyright or trademark infringement in their marketing materials, they may assume that they are protected by their business liability insurance, the same insurance that covers liability for slips and falls and damage to property. However, many business liability policies that include coverage for [...]

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“Your Video Was Not Posted”: An Addendum

Carolyn Wimbly Martin and Ethan Barr

Professionals in the music industry who rely on live performances of licensed content—particularly DJs—continue to navigate the ongoing COVID-19 pandemic and seek answers regarding the most copyright-friendly live-streaming services. See our earlier blog on this subject.  Twitch, one of those technology companies which serves as a platform for live-streaming video games, had received significant criticism [...]

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Deepfakes: The New Frontier of Disinformation

Carolyn Wimbly Martin and Ethan Barr

In June 2019, Facebook founder and CEO Mark Zuckerberg appeared to criticize himself in a video posted to Instagram: “One man with total control of billions of people’s stolen data—all their secrets, their lives, their futures…” It was a moving image of Zuckerberg, except that the audio sounded like an unconvincing impression, and the individual [...]

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