article thumbnail

Trademark Registration of Political Messages for Expressive Merchandise–In re Elster (Guest Blog Post)

Technology & Marketing Law Blog

Federal Circuit holds refusal to register a political message for T-shirts violates the First Amendment, but fails to acknowledge that these types of registrations can chill expression. By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law. The Federal Circuit disagreed.

article thumbnail

Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

Technology & Marketing Law Blog

The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. Tam (2017) and Iancu v. The text of Section 2(c) is viewpoint-neutral.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

The War Over the Future of WHOIS

Plagiarism Today

The system, which made domain registrant contact information available to the public, was inherently incompatible with the new EU General Data Protection Regulation (GDPR). Even back then, privacy issues were a hot topic with many concerned that such a public database of personal information would lead to spam, harassment and other issues.

Privacy 306
article thumbnail

RIAA Criticizes ICANN for ‘Hindering’ Its Anti-Piracy Efforts

TorrentFreak

This starts with the domain name registration. Whois Privacy. There are several commercial Whois proxy or shielding services that hide registrant information. There are several commercial Whois proxy or shielding services that hide registrant information. This “Whois” information has to be accurate.

Privacy 122
article thumbnail

CCPA Definitions Confuse the Judge in a Data Breach Case–In re Blackbaud

Technology & Marketing Law Blog

Blackbaud “provides data collection and maintenance software solutions for administration, fundraising, marketing, and analytics to social good entities such as non-profit organizations, foundations, educational institutions, faith communities, and healthcare organizations.” 24. * Californians: VOTE NO ON PROP.

Privacy 124
article thumbnail

Tubi’s TOS Formation Fails–Campos v. Tubi

Technology & Marketing Law Blog

This is a Video Privacy Protection Act (VPPA) case against the video streaming platform Tubi. To clarify the parties’ dispute, Tubi’s registration page fits most closely with the hybridwrap or “sign-in-wrap” camp. Tubi sought to send the case to arbitration per its TOS. The court says no. Tubi easily could have avoided these problems.

article thumbnail

Another Court Finds an “Enforceable Browsewrap.” MAKE IT STOP–Hawkins v. CMG

Technology & Marketing Law Blog

This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. Those options lower access barriers for users to create accounts, so they are often compelling to the marketing team. CMG appeared first on Technology & Marketing Law Blog.

Privacy 89