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fake newsIn today’s political climate, the phrase “fake news” gets bandied about quite a bit. In addition to its more traditional meaning—news that is false, purposefully misrepresented or outright propaganda—fake news is also sometimes used to characterize any news published that the target or subject of disagrees with or dislikes. As the recent election cycle demonstrated, the proliferation of fake news has become an issue with which candidates and businesses alike must contend. But while the extent to which targeted misinformation can swing an election or otherwise affect a political environment is open to debate, for businesses, an ounce of fake can yield pounds of reputational and financial damage. The advent of social media has both catalyzed and weaponized the danger posed by all forms of fake news, and like so many technology-powered issues, the law lags behind in enacting new protections for businesses and individuals alike. Fortunately, some old causes of action may offer remedies for injuries inflicted by fake news stories.

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nintendo-genericide-231x300“Baby it’s okay, you can Google my name.” This line from T-Pain’s hit, “Bottlez,” became a focus in a recent Ninth Circuit trademark case on my favorite intellectual property issue: genericide. Among other evidence, the court considered if T-Pain’s use of “Google” showed that the Google trademark had become genericide’s latest victim. Genericide occurs when the public appropriates a trademark and begins using it generically for a type of goods or services, as opposed to a source of goods or services.

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iStock-586712790-bot-social-media-300x300President Donald Trump loves to tweet. Although he has been a prolific tweeter since his days as a reality TV star, during his presidential campaign and subsequent time in office, President Trump has taken the “Art of the Tweet” to new heights. The media, in return, has done its part in slicing, dicing, mincing, chopping, deconstructing, and otherwise analyzing President Trump’s Twitter use six ways to Sunday. (Covfefe, anyone?)

Recently, though, it’s not just the content of President Trump’s tweets that has garnered attention. It’s also his audience.

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cybersecurityPresident Donald J. Trump signed Executive Order 13800 titled “Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure” on May 11, 2017, his thirty-fifth executive order since taking office.

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Today, May 22, 2017, in the TC Heartland v. Kraft Foods opinion written by Justice Clarence Thomas, the U.S. Supreme Court held that the proper venue for a patent infringement lawsuit is (1) the state of incorporation for the defendant, or (2) a district where the defendant has committed acts of infringement and has a regular and established place of business. The Court held that for purposes of the patent venue statute, 28 U.S.C. §1400(b), a domestic corporation “resides” only in its State of incorporation, rejecting the argument that §1400(b) incorporates the broader definition of corporate “residence” contained in the general venue statute, 28 U.S.C. §1391(c).

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USFederalTradeCommissionAs we have written about time and time again, and as celebrities and influencers gain more and more followers on social media platforms such as Instagram, Snapchat and Twitter, they must exercise care when endorsing the use of sponsored products and services. Under the current legal landscape, posting endorsements on social media can not only affect the user’s brand, it can also expose one to legal liability. For its part, the Federal Trade Commission provides clear regulations regarding the posting of endorsements for products or services. When a product or service is featured on a social media post, and the poster is receiving some sort of compensation for the post (including receiving the product/service at a discount or for free), a poster may have to disclose that he or she is somehow being compensated, if the audience’s knowledge of the sponsorship would affect the credibility they give the poster’s endorsement. The FTC’s website contains common Q&As regarding when an endorsement must be disclosed on social media and how it must be done. Continue Reading →

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NewsofNote-300x250It turns out protecting driverless cars from hacking is hard; a new technology brings emotions to virtual and augmented realities; botnets get attacked (and get a new job); and more …

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crying-jordan-meme-300x211Almost everyone (even my parents) has seen the Crying Michael Jordan meme popping up around the internet and social media. Crying Jordan has appeared in the standard meme form of photoshopped images and gifs but has also inspired Halloween masks and even customized Air Jordan sneakers. TMZ reports that Jordan doesn’t have a problem with it, as long as no one uses it to “promote their commercial interests.” But what if he changed his mind or someone started using it for commercial gain? Could Jordan protect himself against “unauthorized memeing”?

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Voting in local, state and national elections could be viewed as a rudimentary form of social media, by which voters share their views and preferences via selection of a candidate or party platform. The distance between this “old school” social media and its multi-headed modern form has shrunk thanks to the advent of electronic voting machines and online voting. But, as always, with the implementation of new technologies comes new risks. Even though some progress has been made to shore up and protect the voting process from cybersecurity threats, there are plenty of ways government data breaches can “rock the vote” outside of the voting booth.

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USPTO-seal-300x300The President’s January 23, 2017, executive memorandum implemented a federal hiring freeze. The U.S. Patent and Trademark Office (USPTO) is one of those agencies affected by the President’s memorandum. While such a hiring freeze may not have an immediate impact on patent application pendency and/or examination quality, due to the relatively high attrition rate of the patent examining corps, the examination timeline and quality may be affected in the future. In particular, technologies having greater upfront value, including internet-based technologies and platforms, and clients relying on patent portfolios for valuation will be most acutely impacted. As illustrated below, the pendency backlog may inevitably increase and the examination quality suffer.

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