View COVID-19 resources from Porter Wright here.

Blog

https://www.technologylawsource.com/

Porter Wright’s Intellectual Property, Technology, Privacy & Data Security, and Social Media attorneys bring together concepts that cut across traditional intellectual property lines, addressing both evolving technologies and concerns about privacy and data security. We have a long history of service with traditional concepts and protection of intellectual property through patents, trade secrets, trademarks, and copyright. We have brought our experience and knowledge and applied it in the ever moving technology landscape, from traditional mainframe applications to software as a service (SaaS), cloud computing, and Internet based access to systems used by businesses to run their businesses.

Recent Blog Posts

  • A BIPA lawsuit! Do we have coverage? Understanding West Bend Mutual v. Krishna By Andy Shapiro    Companies doing business in Illinois are keenly aware of the recent flood of lawsuits alleging violations of the Illinois Biometric Information Privacy Act (BIPA). They know that BIPA lawsuits can be costly to defend. And they understand that if they are found to have mishandled the retention, collection, disclosure or destruction of biometric information, they could face substantial exposure. Not surprisingly, the first question most companies ask when they learn about a new BIPA lawsuit is: Do we have... More
  • UPDATE: Kawhi Leonard debuts new shoe amid logo dispute By Donna Ruscitti    NBA star Kawhi Leonard debuted his new signature shoe during the 2020 NBA All-Star game on Feb. 16 in Chicago. The shoe from New Balance noticeably does not include the so-called “KL2” or “Klaw” logo because of Leonard’s ongoing legal dispute with Nike, Inc. Rick Mescher explained Leonard’s lawsuit filed against Nike regarding that logo in his award-winning June 26, 2019 blog, “Kawhi Leonard v. Nike Inc.: How copyrights can trump trademarks.” In the lawsuit, Leonard claimed to be... More
  • What college student-athletes should be thinking about now before NCAA name, image and likeness rules are released By Noor Bahhur and Luke Fedlam    On October 29, 2019, the NCAA Board of Governors unanimously decided to allow college student-athletes the opportunity to profit for the use of their name, image and likeness. The Board directed the NCAA’s three divisions to consider updates to their rules and regulations to effectuate such a decision. The NCAA announced the decision on the heels of the California Fair Pay to Play Act, which will allow college student-athletes in the State of California to... More
  • Consumer privacy protection in recent state legislation By Sean Klammer    Special thanks to Emily Cunningham, Porter Wright law clerk, for her assistance on this article. Since California passed the California Consumer Privacy Act (CCPA), many states have introduced similar consumer data privacy legislation, but so far only Maine and Nevada have passed legislation successfully. Nevada focuses on internet website operators, whereas Maine focuses on broadband internet access service providers. Both laws are generally narrower than CCPA, although Maine’s law has an opt-in only provision. Nevada’s privacy law To whom does the law... More
  • Status of CBD products under Ohio law: Update By Frank Tice and Porter Wright    In our recent post, Status of CBD products under Ohio law: Part one, we discussed the perplexing regulations in Ohio that made it effectively illegal to sell hemp and Cannabidiol (CBD) despite passage of the Agriculture Improvement Act of 2018, otherwise known as the 2018 Farm Bill. That landscape has now changed in Ohio with the passage of Senate Bill 57, signed into law by Governor DeWine on July 30, 2019. The version of Senate Bill 57 that... More
  • Kawhi Leonard v. Nike, Inc.: Copy, derivative work or distinct work? By Rick Mescher    On July 17, 2019, Nike, Inc. (Nike) filed its Answer and Counter Claims in response to the complaint previously filed by Kawhi Leonard, now of the Los Angeles Clippers. Read about the complaint in our previous post, Kawhi Leonard v. Nike Inc.: How copyrights can trump trademarks? In its Answer, Nike asks for a declaration that Nike is the sole owner of copyrights in the modified “KL2” logo, a finding that Kawhi’s use of the modified “KL2” logo infringes the... More
  • The GDPR: A year in review By Sean Klammer    On May 25, 2018, the General Data Protection Regulation (GDPR) became effective across the European Union. The GDPR is a regulation designed to give EU residents control over their personal data and simplify the regulatory framework for international organizations doing business in the EU. In its infancy, it was not entirely clear how the GDPR would be enforced. Now, one year later, the regulation is beginning to show some teeth. For individual consumers, the GDPR likely calls to mind... More
  • Kawhi Leonard v. Nike Inc.: How copyrights can trump trademarks? By Rick Mescher    On Monday, May 3, 2019, in the midst of the NBA finals, Kawhi Leonard of the Toronto Raptors filed a lawsuit against Nike, Inc. (Nike) in the US District Court Southern District of California. The complaint asks the Court for a declaration that Kawhi is the sole author of the “KL2” logo, that his use of that logo does not infringe the rights of Nike, and that Nike committed fraud in its copyright application. The “KL2” logo is... More
  • China’s draft measure on cross-border personal information transfer By Diana Lingyu Jia    On June 13, 2019, the Cyberspace Administration of China (CMA, 国家互联网信息办公室), an office that serves as China’s central internet regulator and censor, released the draft Measures for Security Assessment of Cross-border Transfer of Personal Information (the Measure, 个人信息出境安全评估办法) for public comment. Following is a brief analysis on how this Measure, if adopted, could affect U.S. entities doing business in China or doing business with Chinese entities.  Network Operator If a U.S. entity is a network owner, administrator or service provider... More
  • Status of CBD products under Ohio law; Emerging issues in intellectual property related to cannabis business: Part 2 By Noor Bahhur and Frank Tice    In Part 2, we cover the key Intellectual Property issues that are emerging in this arena. Read part 1 here. United States Patent and Trademark Office update Following the enactment of the Farm Bill, the United States Patent and Trademark Office (USPTO) has officially issued guidelines when reviewing trademark applications for CBS and hemp-derived goods and services. This is a big step for the cannabis industry as for many years, entities have tried, unsuccessfully, to legally protect their... More