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Showing 6 posts from 2024.
Another Consumer Transparency Requirement for Businesses: The FTC finalizes the “Click to Cancel” Rule
The Federal Trade Commission routinely develops, amends, and enforces various rules related to consumer protection including transparency and choice requirements, many of which involve consent, privacy, and data security. More >
Is a Text Prompt in AI Software the Same as a Brushstroke to a Canvas? The Copyright Office Thinks Not.
On September 26, 2024, Jason Allen sued the Copyright Office in Colorado over the Copyright Office’s 2022 refusal to register “his” work entitled “Théâtre D’opéra Spatial.” 1:24-cv-02665. The “his” in the preceding sentence is not my cynicism about Mr. Allen’s authorship of the work; it is simply the open question that can be objectively argued either way. Mr. Allen says it is his. The Copyright Office determined it is not. More >
No, Google, I Don’t Want You to Write My Letter
The 2024 Olympics have come to a close, and as we all look back on the memories made and records set in Paris (and Tahiti, of course!), I can’t help but focus on a commercial that irritated me to no end. The commercial promoted Google’s Gemini AI technology by featuring a proud father working with his impressionable daughter, who the ad tells us was looking up to track star Sydney McLaughlin-Levrone. The doting but modest father explains that his daughter “wants to show Sydney some love (by writing a letter), and I’m pretty good with words, but this has to be just right. So Gemini: Help my daughter write a letter telling Sydney how inspiring she is, and be sure to mention that my daughter plans on breaking her world record one day.” More >
SCOTUS: You Can't Register Someone Else's Name as a Trademark, Especially Not TRUMP TOO SMALL
The Supreme Court made it clear, regardless of any intended message, the First Amendment does not permit anyone to register someone else’s name as part of a trademark. The Lanham Act, the law which governs federal registration of trademarks, (“the Act”), prohibits registration of trademarks containing the names of living individuals without their consent. In the case of Vidal v. Elster, the Court held that such a restriction is not a violation of the First Amendment. More >
SCOTUS to Public Officials: Private Eyes Are Watching You...Post to Your Social Media
Removing negative comments or blocking someone from your social media page may seem harmless, but if you’re a public official, a new holding from the United States Supreme Court may give you pause about how you use your social media. More >
Are You Sure That’s Free? Content from Others in Your Social Media
Big business owners, small business owners, entrepreneurs, and influencers are all looking for boosts to their reputations that drive traffic and revenue their way. Using the parlance of the 2020s, they are looking to generate impressions and conversions through clever online marketing—usually leveraging the power and reach of social media platforms. Frequently this takes the form of sharing or reposting content already on social media, sometimes with a creative business-specific twist. More >
