A new report published by the software company Egress this month, Phishing Threat Trends Report, is a must-read. It outlines the proliferation of phishing toolkits on the dark web (that basically allows any Tom, Dick, and Harry Hacker) to launch successful phishing campaigns, how “commodity phishing attacks are overwhelming security teams,” the anatomy of
Intellectual Property
Marriott and Starwood Settle on Consent Agreement with FTC for Data Breaches
This week, Marriott International, Inc. and its subsidiary Starwood Hotels & Resorts Worldwide LLC (collectively, Marriott) agreed to settle on the terms of a settlement order with the Federal Trade Commission (FTC) for its alleged failures to implement reasonable security measures which in turn led to three data breaches between 2014 and 2020, affecting over…
Three More States Sue TikTok Alleging Harm to Young Users
Following in the footsteps of Nebraska, the Attorneys General of North Carolina, California, and New Jersey filed complaints against TikTok and its owner, ByteDance, Ltd., on October 8, 2024.
The suits are lengthy and full of allegations against TikTok and how it is responsible for a “profound mental health crisis” of American teenagers. The…
Marvel and DC Lose “Super Hero” Trademark Registration
The U.S. Patent and Trademark Office (USPTO) has canceled long-standing trademark registrations for “Super Hero” and “Super Heroes,” which had been previously jointly owned by Marvel and DC Comics.
The cancellations resulted from a petition filed by Superbabies Limited, a company producing comics about superhero babies. Superbabies initiated the cancellation action after DC Comics attempted…
New California Law Targets Sellers of Digital Goods
Introduced in response to certain digital media sellers (e.g., game publishers) revoking consumer access to purchases with little to no recourse, AB 2426 forces sellers of “digital goods,” such as movies, apps, games, books and music to clarify what a consumer is actually receiving in connection with their “purchase.” Often companies refer to the “purchase”…
Eleventh Circuit Blesses Florida Riot Statute
By John R. ByrneHope everyone is staying dry and safe. Another win for the State of Florida at the Eleventh Circuit. After a series of protests opposing police violence, the Florida legislature amended Florida’s criminal riot statute. That led to challenges by various civil rights organizations. The challenges? Vagueness and overbreadth. Here is the…
No Matter How You Slice and Dice It, Conclusory Evidence Can’t Support Entire Market Value Damages
The US Court of Appeals for the Federal Circuit concluded that the entire market value rule was not applicable where conclusory expert testimony was the only evidence that a product’s infringing features drove consumer demand, and therefore reversed. Provisur Techs., Inc. v. Weber, Inc., Case No. 23-1438 (Fed. Cir. Oct. 2, 2024) (Moore, C.J.; Taranto,…
End of an Era: PTO Terminates AFCP 2.0 Amid Fee Concerns
By Amol Parikh
The US Patent & Trademark Office (PTO) announced the termination of the After Final Consideration Pilot Program (AFCP) 2.0, effective December 15, 2024. 89 Fed. Reg. 79899 (Oct. 1, 2024). Launched in 2013, AFCP 2.0 aimed to streamline the patent examination process following a final rejection by allowing applicants to submit amendments without incurring additional…
Got Pillaged? Not If You Didn’t Follow the APA and FTCA
The US Court of Appeals for the Federal Circuit affirmed a district court decision dismissing claims under the Administrative Procedure Act (APA) and Federal Tort Claims Act (FTCA) against the US Patent & Trademark Office (PTO) relating to “pillaged patents.” The Federal Circuit found that dismissal was appropriate because the plaintiff failed to exhaust administrative…
NAD Conference Recap: Who’s Your Sponsor?
By Lauren Bass
The topic of material disclosures was a running theme at this year’s NAD Conference. Following the one-year anniversary of the FTC’s updates to the Endorsement Guides (Guides), NAD staff shared how they were applying and adjudicating the new guidance.
Disclosure, Disclosure, Disclosure
As the title of one of the panels on influencers and disclosures suggested,…