As discussed in a previous Creative Industry Law blog post, California Attorney General Kamala Harris began a two-pronged enforcement strategy last year to bring mobile app developers, platform providers, and mobile ad networks in line with California’s Online Privacy and Protection Act (“COPPA”).
The AG sent notices of non-compliance to offending entities (a sample notice letter can be found here). In December, selected lawsuits were filed (e.g., Harris’ action against Delta). Recently, the Attorney General’s office released Privacy on the Go, a set of guidelines to help those involved in mobile app development, distribution platforms, and advertising to better understand how to meet California’s OPPA’s requirements.
As discussed in a previous Creative Industry Law blog post, California Attorney General Kamala Harris began a two-pronged enforcement strategy last year to bring mobile app developers, platform providers, and mobile ad networks in line with California’s...
Because so many companies market their goods and services online, owners and management naturally expect that their branded websites will be good specimens to support their applications for trademark registration and extensions.
Websites are usually excellent and appropriate demonstrations of the use of a trademark. But, companies are well-advised to use extra care when submitting a website sample as a supporting specimen for trademark registration; the USPTO’s examination of them is especially exacting. If it finds the specimen insufficient, the consequence may be long delays in the application process and possible rejection of the mark.
Because so many companies market their goods and services online, owners and management naturally expect that their branded websites will be good specimens to support their applications for trademark registration and extensions. Websites are usually excellent and...
Mobile app developers frequently need to update their Terms of Use, prompting the familiar but often ignored, “Terms & Conditions Have Changed” iPhone alert.
The updates usually accompany new technologies and services, and do not represent policy shifts or noticeable service changes; hence the heedless recipient. But as the recent Instagram controversy shows, providers should avoid hiding big changes in small print.
Instagram is a mobile application downloaded by more than 80 million users to date. It allows users to stylize and share photographs and other images using a variety of preset filters. Late last year, Instagram unveiled its new Terms of Use policy that included the following clause:
Mobile app developers frequently need to update their Terms of Use, prompting the familiar but often ignored, “Terms & Conditions Have Changed” iPhone alert. The updates usually accompany new technologies and services, and do not represent policy...
Do your mobile apps run afoul of California’s privacy laws? About one hundred mobile application developers are discovering that their products might be “illegal,” and many others now have to worry.
California Attorney General Kamala Harris, consistent with her commitment to consumer privacy interests, has begun to send non-compliance letters to companies like United Airlines and OpenTable, whose applications not only offer consumers the convenience of tracking their flights or making dinner reservations, but also collect information about their preferences through their smartphones.
Do your mobile apps run afoul of California’s privacy laws? About one hundred mobile application developers are discovering that their products might be “illegal,” and many others now have to worry. California Attorney General Kamala Harris,...
Will your image live longer than you do? Artists, celebrities, and other creatives often invest substantial time and effort cultivating a personal brand image, and most likely anticipate its longevity.
The law recognizes a person’s right to profit from this investment by preventing third parties from “free riding” on a famous individual’s name or likeness. A majority of states recognize this “right of publicity,” but vary as to whether this right should outlast its initial rightsholder and for how long.
In some, like New York, the right is extinguished with the death of the individual. But in others, including California, the right of publicity constitutes personal property that can be passed on to ones’ heirs.
Will your image live longer than you do? Artists, celebrities, and other creatives often invest substantial time and effort cultivating a personal brand image, and most likely anticipate its longevity. The law recognizes a person’s right to profit from this...
Mobile app developers frequently need to update their Terms of Use, prompting the familiar but often ignored, “Terms & Conditions Have Changed” iPhone alert.
Will your image live longer than you do? Artists, celebrities, and other creatives often invest substantial time and effort cultivating a personal brand image, and most likely anticipate its longevity.
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