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New Law Creates Fast-Track Process for Challenging Fraudulent Trademark Registrations from China. Will Big U.S. Trademark Interests Succeed in Gutting It?

At the end of 2020, President Trump signed into law a Covid-19 relief bill containing important new tools for attacking illegitimate trademark registrations. They address a big problem, fraudulent trademark registrations, which frequently come from China. These fraudulent registrations block businesses from getting trademark registrations for their business, product, and service names. Unfortunately, big U.S. Read the full article…

New Small-Claims Copyright Court Tucked in Latest COVID-19 Stimulus Bill

On December 27, 2020, President Trump signed into law the latest Covid-19 stimulus bill. While the $600 checks dominated the news, tucked away in the over 5000-page bill is a new small-claims court for copyright-infringement claims. This court will be useful for businesses having claims that aren’t worth the expense of federal-court litigation. The primary Read the full article…

How College Athletes Will Get Paid, Starting This Year

How college athletes will get paid is coming into focus. The Supreme Court just took a case that could expand what colleges provide to athletes. Meanwhile, the NCAA plans to issue rules in early 2021 on how athletes can earn money using their names, images, and likenesses (“NIL”). The Supreme Court will consider whether antitrust Read the full article…

College Athletes Can Soon Earn NIL Money, So They Need to Work on Their Trademarks

The battle over whether college athletes should earn money from their names, images, and likeness (“NIL”) is over. While the NCAA will set final rules in January, it’s a done deal. College athletes will be able to harvest NIL revenue beginning in the fall of 2022. NIL monetization will occur mainly via social media. Athletes Read the full article…

Is Your Smartphone Your Enemy? Beware of Google Geofence Warrants and Subpoenas

A precedent-setting legal fight is taking place in federal court in Richmond regarding the government subpoenaing smartphone geolocation information from Google to look for cold hits in criminal cases. This case sheds light on Google’s ability to give “geofence” location information about smartphone users to government prosecutors and civil litigants. Be aware Google could disclose Read the full article…

Virginia’s Covidwise Contact-Tracing App Passes the Privacy Test

In August, the Virginia Department of Health (“VDH”) launched a smartphone app called “Covidwise” for self-reporting Covid-19 infections and receiving notification of prolonged, recent exposure to someone with Covid-19. Being a lawyer, I wondered whether that app could turn into your legal enemy. Might it set you up to be identified and then sued or Read the full article…

Inside the War Room: Navigating Around Landmines When Replacing a Famous Trademark

The Washington Redskins are picking a new name. Rebranding any business is hard. Under trademark law, you can’t pick a name that’s confusingly similar to an existing name used for the same or similar type of business. Because of various obstacles and threats, rebranding is much tougher when replacing a famous name. Let’s take an Read the full article…

False Advertising Law and the Bud Light King: Using Your Competitor’s Words Against It in Ads

On TV, your words can be used against you. That’s true of cop shows and, now, beer ads. People of a certain age fondly remember the old Dragnet police show. Regular watchers can recite by heart the warning always given by Sergeant Joe Friday to the arrested suspect: “You have the right to remain silent, Read the full article…

What Lessons Can Businesses Learn from Zion Williamson’s Contract Troubles?

In the Bible, “Zion” refers to the city of Jerusalem or the dwelling place of God. Zion Williamson is named appropriately because he’s expected to be the next superstar to light the NBA. Williamson is mortal too, because he’s embroiled in a contract dispute, the kind many businesses unfortunately stumble into. Learn from his mistakes. Read the full article…

Nature Boy Ric Flair Gets Taken Down by Failure to do Trademark Monitoring and Policing

Yet another sad tale of a trademark owner failing to monitor for infringements of its mark and paying the price later. Professional wrestler Ric Flair, known by the nickname “Nature Boy,” applied in 2018 to federally register his nickname NATURE BOY for various consumer items, including T-shirts, tank tops, and sweatshirts. His application was rejected Read the full article…