$30,000 For a Meme?: Implications of the CASE Act Posted on November 13, 2019 Copyright Alternative in Small-Claims Enforcement Act of 2019, H.R. 2426, 116th Cong. (as passed by House, Oct. 22, 2019). On October 22, 2019, the House passed the Copyright Alternative in Small-Claims Enforcement (“CASE”) Act of 2019 by an overwhelming 410-6 vote. The CASE Act, which was introduced in the House last May by Rep. Hakeem Jeffries (D-NY), would establish a...
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Hall v. Swift: Ninth Circuit Revives “Shake It Off” Copyright Lawsuit Posted on November 13, 2019 Sean Hall d.b.a. Gimme Some Hot Sauce Music, et al. v. Taylor Swift, et al., No. 18-55426 (Fed. Cir. Oct. 28, 2019). On October 28, 2019, the U.S. Court of Appeals for the Ninth Circuit reversed and remanded the U.S. District Court for the Central District of California’s dismissal of a complaint against Taylor Swift, Martin Sandberg, and Karl Schuster...
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Manipulated Media: Examining California’s Deepfake Bill Posted on November 12, 2019 A.B. 730, 2019 Leg., Reg. Sess. (Cal. 2019) (Elections: deceptive audio or visual media). On October 3, 2019, California Governor Gavin Newsom signed A.B. 730 into law. The legislation, written by Assemblyman Marc Berman (D-Palo Alto), forbids maliciously distributing or creating “materially deceptive” media about any candidate within 60 days of an election and will remain in effect until January...
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USPTO Update to Patent Subject Matter Eligibility Requirements Posted on November 05, 2019 U.S. Patent & Trademark Office, October 2019 Update: Subject Matter Eligibility (2019) On October 17, 2019, the U.S. Patent and Trademark Office (“USPTO”) released new guidance on the criteria for determining whether a particular subject matter is patent eligible. Only certain types of subject matter are patentable under United States law. Specifically, 35 U.S.C. §101 provides that one may...
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China’s Cybersecurity Future and its Impact on U.S. Business Posted on October 31, 2019 Zhonghua Renmin Gongheguo Gong'an Bu 中华人民共和国公安部 [The Ministry of Public Security of the People’s Republic of China], Wangluo Anquan Jibie Baohu Tiaoli (网络安全级别保护条例) [Multi-level Protection of Information Security] (June 27, 2018) (China). China is implementing its newest cybersecurity standards (“MLPS 2.0”) on December 1, which will require companies to make their networks transparent to Chinese government agencies and to install...
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Sen. Wyden Introduces Federal Data Privacy Bill Posted on October 30, 2019 Mind Your Own Business Act of 2019, S.2637, 116th Cong. (2019). Two weeks ago, Senator Ron Wyden (D-OR) released a draft of a new federal data privacy bill, known as the “Mind Your Own Business Act”, that would, if enacted, empower the Federal Trade Commision (“FTC”) to regulate companies' use of consumer data, and create criminal penalties, including prison sentences...
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People v. Austin: Is Revenge Porn Constitutionally Protected Speech? Posted on October 29, 2019 People v. Austin, No. 123910, 2019 WL 1870855 (Ill. Oct 18, 2019). On October 18, 2019, the Supreme Court of the State of Illinois decided that prohibiting the nonconsensual dissemination of private sexual images does not unconstitutionally restrict freedom of speech, upholding Illinois’ “revenge porn” statute, 720 ILCS 5/11-23.5(b) (West 2016) (“Section 11-23.5(b)”). In the case, defendant Bethany Austin discovered...
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Patagonia v. Anheuser-Busch: District Court Denies Motion to Dismiss in “PATAGONIA on Beer” Trademark Litigation Posted on October 28, 2019 Patagonia, Inc. v. Anheuser-Busch, LLC, No. 2:19-CV-02702-VAP-JEM (C.D. Cal. Apr. 9, 2019), order hosted by IPWatchdog. On September 3rd, 2019, the U.S. District Court for the Central District of California denied all five of defendant Anheuser-Busch (“AB”)’s motions to dismiss in its ongoing trademark litigation with the outdoor gear company Patagonia, Inc. The dispute centers on the registered trademark...
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Section 215 of the Patriot Act Expected to Sunset in December Posted on October 28, 2019 Section 215 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (“USA PATRIOT Act”), 50 U.S.C. § 1861 (2012). Together with two other PATRIOT Act Provisions, Section 215 of the USA Patriot Act is set to sunset on December 15, 2019, unless Congress renews it. After the sunset, the U.S...
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Google v. CNIL: EU Rules that Right to be Forgotten Does Not Apply Globally Posted on October 17, 2019 C‑507/17, Google LLC v. CNIL, 2019 EUR-Lex CELEX No. 62017CJ0507 (Sept. 24, 2019). On September 24, 2019, the Court of Justice of the European Union (“the Court”) held that the “right to be forgotten” does not require a search engine to de-list search results on all of its domains. However, a search engine operator is still required to de-list search...
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