DecodingIP

Intellectual Property and Technology Law Blog

Latest from DecodingIP

Sometimes it’s important to figure out who or what company owns a particular domain. Antigone Peyton, Chair of the Intellectual Propherty and Technology Law Group at Protorae Law, describes web domains as the “primary digital method, outside of social media, for unauthorized parties to grab and use other companies or artists intellectual property while trying to hide their identity from the IP owners.” However, scouring the web to gather intel about an unknown site…
Have you ever wondered whether there’s a dark side to all of this data collection and sharing (besides the problems associated with the ever-increasing data breaches)? The answer is—there is a dark side—that data can be use against you or someone else you know in a court of law.  Here’s a little background on the Internet of Things (IoT) and how it’s going to forever change the practice of law.  What is the Internet of Things  Maybe you’ve…
Back in July 2018, we introduced you to some of the sights and smells of the new California Consumer Privacy Act of 2018 (the CCPA). Not long after, the California legislature issued some technical corrections to the legislation. But there are still a number of open questions and issues that require attention from the legislature and Attorney General’s office with respect to this groundbreaking privacy law, which was written and passed in 7 business days.…
2018 has been a big year for privacy issues for companies around the world. The new European privacy law – the General Data Protection Regulation (GDPR) – came into force, the Facebook-Cambridge Analytica data breach came to light, the new but imperfect California Consumer Privacy Act (CaCPA) was created and passed at the speed of light, and real discussions occurred at the White House about the potential development of a new…
Until recently, I did not really pay attention to class action lawsuits or settlement requirements. After all, I’m an intellectual property and technology lawyer. Class action litigation isn’t my thing.  Now I am really paying attention, and I’m following the money—closely. Here’s why…  The U.S. Supreme Court recently agreed to investigate a class action settlement in a case filed by search engine users who accused Google of illegally sharing their search histories with advertisers. One of the big problems highlighted in this appeal is the fact that as part of the…
Apparently how you smell is personal information (in California). With the EU’s General Data Protection Regulation (GDPR) of 2016 in force for about a month, California’s legislature was looking to up its game and “get tough” on its big, home-grown tech companies’ well-documented privacy faux pas. So on June 28, 2018, California enacted the U.S.’s first elevated, GDPR-like privacy measures at the state level. Beginning on January 1, 2020, the California Consumer Privacy Act of…
After being introduced in April 2016, the European Union’s General Data Protection Regulation (GDPR) officially comes into enforcement effect today, replacing the existing EU Data Protection Directive. Although similar to the previous data protection law, the GDPR includes new and enhanced requirements aimed to protect the fundamental rights of natural persons with respect to their personal data. The territorial reach of the GDPR is also broad, requiring businesses processing personal data of EU and European…
Podcast: Play in new window | Download Subscribe: Apple Podcasts | Android | Email | | More In a highly anticipated ruling, the Supreme Court of the United States recently held that the disparagement clause of federal trademark law violates the First Amendment. This disparagement clause refused federal trademark registration for trademarks that are likely to disparage people, institutions, or beliefs. All eight participating justices agreed that trademarks are private, not government, speech, and that…
Podcast: Play in new window | Download Subscribe: Apple Podcasts | Android | Email | | More Sometimes a President can’t always do what he wants. But tell that to the owner of the Twitter handle @RealDonaldTrump, who happens to also be the current President of the United States and a new government actor. Mr. Trump has created more controversy by using his personal Twitter handle to send out information relating to his work and…
Podcast: Play in new window | Download Subscribe: Apple Podcasts | Android | Email | | More The ill-fated Fyre Festival drew delighted mockery from Internet denizens earlier this month and continues to draw lawsuits against the organizers. Social media “influencers” played a huge role in convincing people to buy tickets to the event that never happened and they are not escaping legal action. At least one case has been filed against social media influencers…