The Legal BriefEnforcing Trademarks Through Customs RecordationAugust 27, 2021 Federal trademark owners can provide added protection for their mark by recording the registration on the Principal Register with U.S. Customs and Border Protection (“CBP”). This cost-effective method helps address infringing products imported into the United States. In 2020, CBP seized 26,503 shipments of counterfeit goods worth more than $1.3 billion. The CBP also arrested 203 individuals,… Name, Image, and Likeness: What's Next for College SportsJuly 19, 2021 In a landmark decision issued in June 2021, the United States Supreme Court unanimously ruled in National Collegiate Athletic Assoc. v. Alston that the NCAA and eleven Division I conferences violated Section 1 of the Sherman Antitrust Act, which prohibits restraining certain trade or commerce. The case led almost immediately to a new NCAA interim policy that allows student athletes from all three… California Love (of Privacy): Virginia and Colorado Adopt Comprehensive Data Privacy Laws That Look Similar to California LawsJuly 15, 2021 Virginia and Colorado have passed legislation that will implement data privacy laws in 2023. Both the Virginia Consumer Data Protection Act (“VCDPA”) and the Colorado Privacy Act (“CPA”) are similar to the California Consumer Privacy Act (“CCPA”) and the recently passed California Privacy Rights Act (“CPRA”) in their aims and goals. However, key distinctions amongst the privacy bills will… Supreme Court Sides with Student Athletes...But What Does That Mean?June 23, 2021 On June 21, 2021, the Supreme Court of the United States changed the collegiate sports world by rendering an opinion in the National Collegiate Athletic Association (“NCAA”) v. Alston, which ultimately will allow student athletes to be presented with education-related benefits outside of what the NCAA has historically permitted. While this opinion surely will be cited in future litigation that aims… Supreme Court Rejects Challenge to ACAJune 17, 2021 The United States Supreme Court today again upheld the Affordable Care Act (“ACA”) with a 7-2 vote, rejecting a challenge to the law by Republican-led states. In a decision by Justice Breyer, the Court reversed a lower court ruling that the law’s individual mandate is unconstitutional. The Court did not reach the merits of the case but held that the challengers did not have legal standing to sue.… How To Overcome Trademark Application DelaysJune 16, 2021 The United States trademark system has slowed to a crawl the last two years thanks to increased applications, a global pandemic, and economic turmoil. Before Covid-19 struck, trademark registrations typically took about a year to process. Now the process takes longer than ever, but you may take several steps to ensure your application proceeds as quickly as possible. An influx of new application… West Virginia Employment Law Worker Classification Act Heads to the Governor for SignatureMarch 12, 2021 On March 11, 2021, the West Virginia Legislature completed legislative action on Senate Bill 272, the West Virginia Employment Law Worker Classification Act. The Employment Law Worker Classification Act (the “Act”) establishes a single, statewide standard to evaluate whether an individual providing services to a business is an independent contractor or a bona fide employee. The Act will now head… Coronavirus Relief Package Offers New Trademark RulesDecember 28, 2020 The president signed into law a multi-trillion-dollar spending and relief package which includes the Trademark Modernization Act of 2020 (TM Act of 2020), making several technical changes to the Lanham Act. The new rules could fundamentally alter how intellectual property owners protect and enforce their rights. In the United States, with some limited exceptions, a trademark must be used to… New Year New Privacy Considerations: Privacy Considerations for Businesses under the CPRADecember 23, 2020 In 2021 businesses should focus efforts on data privacy. California has been most active, passing the California Privacy Rights Act (“CPRA”), which goes into effect on January 1, 2023. Earlier this year, we analyzed the CPRA which will expand and modify the current California Consumer Privacy Act (“CCPA”). Companies doing business in California should first evaluate whether they are “covered… iRobot: Pennsylvania Legislators Legalize Delivery Robots Under Pedestrian ClassificationDecember 4, 2020 Last month, the Pennsylvania legislature passed Senate Bill 1199 (the “Bill”), which will make it legal for autonomous delivery robots to utilize sidewalks and roadways throughout the state of Pennsylvania. The Bill amends Title 75 of the Pennsylvania Consolidated Statutes, which focuses on vehicles, and allows for Personal Delivery Device (“PDD”) to access pedestrian areas. Under the Bill a PDD… New Fees Announced By United States Patent and Trademark OfficeNovember 24, 2020 The United States Patent and Trademark Office (“USPTO”) announced it will raise most of its trademark filings fees and implement new fees as of January 1, 2021. These higher costs will impact every aspect of trademark prosecution, including appeal, cancellation, and opposition proceedings before the Trademark Trial and Appeal Board. With filing fees increase, trademark owners should review their… The Implications of the Most Recent CCPA AmendmentsOctober 22, 2020 Recently, California Governor Newsom signed two bills into law that would amend the California Consumer Privacy Act (“CCPA”) by further altering the extensive data privacy legislation which went into effect earlier this year. The first, AB-1281, extends the employment and business-to-business (“B2B”) exemptions to the CCPA for an additional year until January 1, 2022. The second, AB-713, creates… |
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