The Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act) — Addendum: Open for Business

This post is an update. Read the original post here and the first addendum here. As of June 16, 2022, the Copyright Claims Board (“CCB”) is open for business. As we have previously reported, the new tribunal, established by the Copyright Alternative in Small-Claims Enforcement Act of 2020 (the “CASE Act”) is intended to provide an […]

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Trademarks in the Metaverse

Carolyn Wimbly Martin and Charlotte Cuccia

What is the Metaverse? As terms like metaverse expand into the popular lexicon, it becomes easy to fall into the same hyperbolic craze around futurism and virtual reality that was common in the late 1990s and early 2000s. Depictions of interconnected virtual worlds have invoked media like Ready Player One, the 2011 science fiction novel […]

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How Can You Protect Your NFTs?

In recent months several major collectors have suffered staggering losses after their NFTs fell victim to phishing schemes. Collector Larry Lawliet lost $2.7 M when hackers convinced him to sign bogus agreements giving them access to a digital wallet containing identifying information concerning his assets. New York art collector and gallerist ­­­­­­­­­­­­­­­­­­­­Todd Kramer suffered a […]

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EU Court Decision Invalidating Privacy Shield Results in Massive Confusion for U.S. Businesses: Addendum

This post is an update. Read the original post 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 transfer personal data from the EU to the United […]

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2022 Brings New Requirements Via ID.me for Filing Trademark Applications with the United States Patent and Trademark Office: Third Addendum

Carolyn Wimbly Martin and Charlotte Cuccia

This 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 […]

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Promising Developments in Protecting Intangible Cultural Property

We 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 […]

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E-books and Libraries: State Legislation and Ongoing Lawsuits

Carolyn Wimbly Martin and Charlotte Cuccia

As 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 […]

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Are School-Issued Chromebooks Violating the Illinois Biometric Information Privacy Act?

Carolyn Wimbly Martin and Robert Piper

We 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 […]

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2022 Brings New Requirements Via ID.me for Filing Trademark Applications with the United States Patent and Trademark Office: Second Addendum

Carolyn Wimbly Martin and Charlotte Cuccia

This 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 […]

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Andy Warhol Decision Spells Stronger Rights for Photographers Fighting Infringers: Second Addendum

This 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 […]

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