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 […]


2022 Brings New Requirements Via 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,, and the subsequent backlash against a similar proposal requiring identity verification […]


Fall 2021 Survey of Copyright, Trademark and Privacy Cases of Note Across the Federal Courts

Carolyn Wimbly Martin and Margaret Horstman

On November 8, 2021, the Supreme Court heard oral arguments in the case Unicolors Inc. v. H&M Hennes & Mauritz LP, 2021 U.S. Dist. LEXIS 160223 (Aug. 20, 2021). The Justices were critical of Unicolors due to the company’s inconsistent arguments in its brief and petition for certiorari. Unicolors’ brief addressed what knowledge of application […]


Artists Use Their Media to Voice Concerns About Privacy Intrusions

Artists are joining the conversation about privacy intrusions from drones and other surveillance mechanisms. A fiberglass sculpture of a U.S. military drone is now hovering 25 feet above New York’s iconic High Line. The sculpture is a commissioned work for the High Line Plinth. Modeled after London’s Trafalgar Square Fourth Plinth, the project is intended to […]