Veronica Besmer

These strings of letters don’t meet the basic definition of a trademark. A trademark must be used “to identify and distinguish” goods or services. These strings of letters are indistinguishable; they don’t aid the consumer in identifying a particular producer.

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Please see our summary on two important CIPA decisions (both pen register/trap and trace device claims) regarding personal jurisdiction. We are seeing more and more companies willing to litigate and arbitrate these types of claims (instead of agreeing to a quick nuisance settlement), especially if they have favorable arguments on jurisdictional grounds. +Jennifer Adler and Kip Bollin #dataprivacy #CIPA

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If you are a data broker and you know it then you really got to show it (and register, and provide adequate disclosures). The Enforcement Division of the California Privacy Protection Agency (CPPA) is conducting a public investigative sweep of data broker registration compliance under the Delete Act (https://lnkd.in/e4TfhWQP) You are a data broker if you: knowingly collect and sell to third parties the personal information of a consumer with whom you do not have a direct relationship. If you are you need to register with the CPPA; provide disclosures and comply with the Delete Act regarding data deletion requests - see here (https://lnkd.in/ePpk87Kj) But also - the Consumer Financial Protection Bureau is coming after you (https://lnkd.in/eM4cjBKU) and the Federal Trade Commission (https://lnkd.in/ebHVMBYK) and generally you should do a lot of compliance things - see our webinar with Lusha's Assaf Gilad and Latham & Watkins' Calum Docherty (https://lnkd.in/eDg7eaNf) #dataprivacy #dataprotection #privacyFOMO pic by ChatGPT

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𝗡𝗲𝘄 𝗧𝗮𝗿𝗴𝗲𝘁 𝗳𝗼𝗿 𝗣𝗿𝗼𝗽 𝟲𝟱 𝗘𝗻𝗳𝗼𝗿𝗰𝗲𝗺𝗲𝗻𝘁: 𝗕𝗶𝘀𝗽𝗵𝗲𝗻𝗼𝗹-𝗦 (𝗕𝗣𝗦) The new year brings potential Prop 65 enforcement actions against products containing BPS, now listed as both a male and female reproductive toxicant under California law. Used in items like thermal paper, plastics, and synthetic fibers, BPS faces heightened scrutiny from plaintiffs and regulators alike. Without clear "safe harbor" thresholds, businesses must navigate complex compliance challenges to avoid significant penalties. Learn how these developments may impact your business: Read the full post from Joe Green, Zachary J. Lee, and John Quaglino on Kelley Green Law: https://lnkd.in/eK_uqM6u #Prop65 #EnvironmentalLaw #Compliance #KelleyGreenLaw

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When AI is trained with unlicensed copyrighted material, the question of infringement versus fair use remains unresolved. Many copyright holders assert that this use violates their rights, and are litigating to address the issue. In light of this, is it premature to require AI companies to disclose which copyrighted works are used to train their generative AI systems? #ai #trainingdata

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When you're at a restaurant, the last thing you are thinking about is whether the way a dish is presented to you can be protected against copying (all right, the thought has crossed my mind on occasion). But that is exactly the issue presented in an ongoing lawsuit in California. In that case, the court has recognized that the plaintiff has stated a claim that the manner in which it plates its flagship dish, galbi jjim, may be entitled to trade dress protection because diners seeing the presentation could recognize the dish as coming from a particular establishment, and because the way the dish is served does not seem to affect the way it is prepared. I was asked to comment on the case. You can read more about the case and find the article with my comments at the link below. Thanks to Melissa Ritti for asking me to comment and for including my comments in her article; it was a fun discussion! https://lnkd.in/eK7XC_qz #IntellectualProperty #IP #TradeDress #TradeDressInfringement #FoodLaw #Businesslaw #LegalInsights #OffitKurman

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Check out my recent article published in Law 360 regarding California's proposed legislation that would ban the sale or distribution of products containing #PFAS. #California has already banned the sale or distribution of #textiles, #cosmetics, #foodpackaging, and juvenile products containing PFAS, but this bill goes much further.

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The January 18, 2024 USPTO trademark fee will increase (moderately) the cost of most federal trademark applications by $100. If the filing is an ITU (intent to use), then $150. If you need to draft a custom identification of goods because your product or service is unique, that privilege will double in costs from $100 to $200. To stem some of the frivolous filings that claim every product or service within an International Class, there will be a rolling surcharge for exceeding 1,000 characters in the identification. Renewals at year 5 post-registration will typically cost $150 more and 10-year renewals $125 more. Letter of Protests (an option to preemptively notify USPTO of an unexamined pending mark that should not register) go up to $150 from $50. Overall, this is not a Draconian increase and if it helps get first action pendency back down from 8 months to 2 or 3 that would be a welcome trade. #trademarks #uspto #intellectualproperty #trademarkpractice #brands

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Earlier today, the California Privacy Protection Agency Board voted to advance the new draft CCPA regulations to formal rulemaking. We thought it might be helpful to provide a series of short high-level summary webinars on the new rulemaking topics, starting with automated decisionmaking technology (ADMT). If you missed the Board meeting, the draft ADMT rules were a source of many comments and concerns, including their impact on artificial intelligence. There can be no doubt that the ADMT regulations will generate many proposed revisions. https://lnkd.in/guW-BJPc

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In this article, my Foley colleagues Chanley Howell and Leighton Allen discuss the major themes covered by the AI-related bills signed by California's Governor Gavin Newsom. Click below to read more. #California #ArtificialIntelligence #AI

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Here is the current version of the CCPA, updated last month for AB 3286: https://lnkd.in/gHR8w5Sf. AB 1008, 1824, 1949, and 3048 are now enrolled and have been presented to Governor Newsom. So is SB 1223. In short, expect another updated version, shortly. #privacy

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Two Data Privacy Updates: 1 - Just signed by Governor Newsom, SB 1223 adds neural data as a category of sensitive personal data under California law to the California Consumer Privacy Act, which provides heightened protections under certain circumstances. 2 - On September 28, 2024, Governor Newsom also signed Assembly Bill 2013 (Artificial Intelligence Training Data Transparency), which requires that on or before January 1, 2026, the developer of a generative AI system or service must post on their website, documentation (including a high-level summary) about the data sets that fuel the generative AI models. This law applies to any generative AI system or service created after January 1, 2022.

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Please see the article we prepared on the Mallinckrodt decision, a must read for those in the IP and pharma space.

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What are your thoughts? Markery Law LLC is following this one....

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California law requires proposed research studies using “certain opioid, stimulant, and hallucinogenic drugs classified as Schedule I and Schedule II Controlled Substances as their main study drug(s),” to be reviewed and authorized by the Research Advisory Panel of California (RAP-C) in the Attorney General's Office. Traditionally, the advisory panel has met and approved studies in private to comply with laws around confidentiality of trial information. Last year a bill was passed that required RAP-C to convene meetings publicly, directly contradicting laws protecting confidentiality. ➡️ Why is this important? As a result of that bill, the panel was unable to meet, assess, and approve research, halting progress in critical research on psychedelic therapy. California is also home to many of the largest and most prominent institutions doing psychedelic research including UCLA, University of California, Berkeley, Stanford University School of Medicine, the Pacific Neuroscience Institute (PNI), and many others. 🔬 The California Legislature unanimously approved AB 2841 which aimed to stop the ongoing roadblock for psychedelic research studies held in California. Governor Newsom signed this into law, allowing RAP-C to resume private meetings, ending the roadblock to this important research. Our friends at VETS, Veterans Exploring Treatment Solutions, Inc worked closely with Assemblywoman Marie Waldron and other key stakeholders from the Veteran and research communities to support the passage of this critical bill. 👏 VETS was a key driver of HB 1802 here in Texas, and we are proud to be working with them again to advance the mission even further as we head into Texas’ next legislative session! 💫 ___ #legislativeupdates #policyupdates #california #texas #mentalhealth #psychedelicresearch

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