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Recent Blog Posts

  • Two new opinions address personal jurisdiction and standing under BIPA By Karen Borg and Al Fowerbaugh    Two recent district court opinions addressed issues of personal jurisdiction and standing under the Illinois Biometric Information Privacy Act (BIPA). BIPA imposes a number of requirements on those who obtain a person’s biometric data, including those set forth in Section 15(a), requiring those in possession of biometric data to develop a publicly available written policy regarding the retention and destruction of biometric data in their possession, in Section 15(b), requiring that each person be provided... More
  • U.S. Supreme Court says “booking dot yeah” to federal registration in trademark case By Jasmin Hurley    After filing applications with the U.S. Patent and Trademark Office (USPTO) nearly eight years ago,, the travel registration website known for its punny commercial tagline, celebrated victory on June 30, 2020. In an 8-1 decision, the U.S. Supreme Court found that the trademark BOOKING.COM is not generic, and therefore eligible for registration. Trademarks serve as source identifiers – they indicate the source of the goods or services with which the mark is used. Thus, U.S. trademark law prohibits... More
  • USPTO expedites review of COVID-19-related trademark and patent applications By Emily Cunningham    With an eye toward supporting the fast-moving research and development process of COVID-19 treatments, the U.S. Patent and Trademark Office (USPTO) has announced two new programs aimed at expediting review of certain mark and patent applications. Under each program, applicants must demonstrate that the product or process is directly correlated to COVID-19. Trademark Program Effective June 16, 2020, the trademark program allows applicants to file a Petition to the Director to expedite review of COVID-19-related marks, which accelerates review of... More
  • What you need to know about Section 889 compliance as we move closer to the August 2020 implementation deadline By Yuanyou (Sunny) Yang    A major portion of the sweeping John S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA) that impacts federal contracts will take effect in August 2020. Section 889 prohibits the federal government from directly procuring “any equipment, system or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as a part of any system” or entering into a contract with any entity that... More
  • Seventh Circuit’s procedural ruling under Illinois Biometric Information Privacy Act may affect substantive rights of parties By Al Fowerbaugh    On April 24, 2020, the U.S. Court of Appeals for the Seventh Circuit held in Bryant v. Compass Group USA, Inc. that plaintiffs lack standing to assert in federal courts claims arising under Section 15(a) of the Illinois Biometric Information Privacy Act (BIPA) for failing to develop a publicly available policy for the retention and destruction of biometric data, because they do not incur actual damages as a result of the violation. Although the immediate effect of this... More
  • Think twice before hitting “record” By Abby Chin and Molly Crabtree    It is simple enough: press record and you can easily share your internal video conference call, re-watch it later, or forget it and move on. You move on until you receive a discovery request or a subpoena for information if the company is sued. Now, your internal video call is discoverable and may be seen by those outside your intended viewership. With the current COVID-19 climate and businesses turning to video conferences to maintain their operations,... More
  • Q1 2020 drone law update By Caroline Gentry    This is the first quarterly blog post identifying U.S. drone law developments of interest in the legislative, executive and judicial branches, on both the federal and state levels. U.S. Congress On Feb. 10, 2020, the U.S. House of Representatives passed the Protecting Critical Infrastructure Against Drones and Emerging Threats Act (H.R. 4432). The act would require the Department of Homeland Security (DHS) to establish a mechanism to report unauthorized unmanned aerial systems (UAS) activity over critical infrastructure facilities, and then... More
  • 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