• Posts by Carey Kulp
    Associate

    Carey Kulp, CIPP/US, helps clients protect one of their most valuable assets: their brands.

    Drawing on more than 10 years’ experience in intellectual property law, Carey counsels her clients on strategies to identify and develop ...

Influencer “Fails” – Avoid These Three Legal Mistakes in Affiliate Marketing

The influencer industry has ballooned in size and importance since the first affiliate marketing network was launched fifteen years ago. With this growth, however, comes increasing legal responsibility for those who profit off it.

Celebrities make headlines for commanding upwards of $1M for sponsored social media posts, but the average influencer is more likely to be a young person, armed with an iPhone and a shoestring budget. In a world where affiliate marketing, sponsored posts, and giveaways trump traditional print advertising, influencers - from nano-influencers to Kim ... Read More ›

Trouble Ahead for Influencer Revenue

For an estimated $1.6 million, soccer superstar Cristiano Rinaldo will advertise a product in an Instagram post to his 329 million followers. Other celebrities who command more than $1 million per endorsement include Ariana Grande, a handful of Kardashians/Jenners, and The Rock. This practice, known as “influencer marketing,” has ballooned from a $1.7 billion market size in 2016 to an expected $13.8 billion in 2021,  while at the same time upending traditional print and broadcast advertising.

Now, a trademark lawsuit threatens to derail the gravy train. What happens when an ... Read More ›

Where are we now? The Schrems II Decision, One Year Later

One year ago, on July 16, 2020, the Court of Justice of the European Union (CJEU) issued a landmark decision in Data Protection Commissioner v. Facebook Ireland and Maximillian Schrems (Schrems II). At issue were data transfers between the EU and the U.S.

In a decisive blow to normal operating procedures for thousands of U.S. businesses, the Schrems II court upended two mechanisms that most companies relied on to transfer data – the EU-U.S. Privacy Shield and standard contractual clauses (SCCs). The Privacy Shield was determined inadequate for data privacy protection and ... Read More ›

Are You Exposed? Top Three Considerations for your Organization’s Data Privacy Program

One month ago, the idea of a meat processing plant as the subject of a cyberattack seems almost inconceivable to the average person. Yet, in early June, JBS, the world’s largest meat supplier, wrestled to resolve a massive breach that shut down parts of its supply chain in the U.S. and Australia. Three weeks before, a similar attack had disrupted the Colonial Pipeline’s computer infrastructure, causing soaring gasoline prices and temporary shortages in the southeastern U.S.

These attacks highlight a vulnerability facing all organizations in today’s rapidly changing ... Read More ›

In Celebration of Earth Day: How Trademark Law Helps The Environment

On Earth Day, environmentalists all over the world encourage society to reduce its collective carbon footprint. A popular way of generating less waste is “upcycling,” or the practice of taking something no longer being used and giving it new life. Upcycling often increases the value of the object; take, for example, Stuart Haygarth’s chandeliers made entirely from spectacles found on beaches - one sold at auction in 2008 for £36,500.

Upcycling is also at the heart of a recent decision by the U.S. District Court for the Southern District of New York. In Hamilton International v ... Read More ›

Adding Value to Your Company Through Data Privacy: Three Guiding Principles to Strengthen a Brand

Data Privacy Day occurs annually on January 28. Launched in the U.S. and Canada in 2008 by the National Cybersecurity Alliance, the Data Privacy Day campaign raises awareness about internet safety and data privacy concerns.

A survey conducted in 2018 by the Pew Research Center found 79% of Americans are “not too or not at all” confident that a company will admit to having made a mistake or accept responsibility for the implications of compromised personal data. (See “Americans and Privacy: Concerned, Confused and Feeling Lack of Control Over Their Personal Information”Read More ›

Judiciary Responds to Cybersecurity Breach: New Procedure Enacted to Safeguard Highly Sensitive Documents

The Administrative Office of the United States Courts announced new security procedures to protect confidential filings on Wednesday, January 6, 2021. The changes come in the wake of a massive cybersecurity breach identified in December 2020. The breach involved a known compromise of third-party provider products, and has affected a number of federal agencies, including the Departments of Energy, Commerce, State, and Treasury. The Judiciary uses an impacted product for IT network monitoring and management and; consequently, its online filing system has been jeopardized.

In ... Read More ›

On July 16, 2020, the Court of Justice of the European Union (CJEU) issued a highly anticipated ruling in Data Protection Commissioner v. Facebook Ireland and Maximillian Schrems (Schrems II). The case centers on the validity of two key data transfer mechanisms: Standard Contractual Clauses (SCCs) and the EU-U.S. Privacy Shield (Privacy Shield) – both of which are methods widely used by U.S. businesses to comply with the EU’s laws regarding the transfer of personal data to countries outside the EU. In considering the effectiveness of data protection in cross-border data ... Read More ›

To the dismay of CBD enthusiasts everywhere, the FDA recently issued a highly anticipated report on the status its efforts to develop regulations for the sale of hemp-derived CBD products. Unfortunately for the CBD industry, the report offered little in terms of policy updates for cannabidiol products and instead described the agency’s concerns and its efforts to develop regulations to safely allow use of the ingredient.

The 2018 Farm Bill legalized hemp and its derivatives containing less than .3 percent THC, thus allowing the introduction of CBD products. Today, you can find ... Read More ›

Posted in: Misc

Does a generic term in one country render trademark protection unavailable in another? Not in the U.S.!

Under U.S. law, generic trademarks are common terms used to refer to products or services. What you’re using right now to read this blog post – a computer, a phone – no one can claim rights to these terms. Generic trademarks are not qualified for protection and cannot be registered.  Conversely, even the strongest of trademarks can, over time, become generic and lose their registration. Products like aspirin, linoleum, and yo-yo were once registered as federal trademarks ... Read More ›

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