Intellectual Property Blog

Don't Be Tricked By Fraudulent Specimens

While it may not be Halloween season, you can still be tricked by a fraudulent specimen submitted to the United States Patent and Trademark Office (USPTO). The issue of fraudulent specimens in trademark applications has become a growing concern for both the USPTO and businesses. In recent years, the USPTO has observed an increase in the submission of fraudulent specimens related to trademark applications and renewal filings. More >

What is the DMCA? A Guide from a DMCA Agent’s Perspective

The Digital Millennium Copyright Act (DMCA) is a United States law that shapes how online content platforms handle copyrighted material uploaded by users. Enacted in 1998, the DMCA is foundational in balancing the rights of copyright holders with the realities of the internet’s user-generated content. DMCA Agents for online service providers (OSP) see firsthand how this law affects content creators, platform operators, and users worldwide. More >

McBrayer Data Privacy Update: A Look Back at 2024 and What to Expect in 2025

What We Saw in 2024:

2024 was the year of data privacy enforcement. The Federal Trade Commission (FTC) brought at least four enforcement actions in 2024 that addressed sensitive location data. These enforcement actions underscore the need to establish appropriate information security practices and to obtain affirmative consent for the sharing of sensitive data. The FTC further required companies to establish a sensitive location data program and address consumer rights requests. More >