Author Archives: John DiGiacomo

What to Know About the New European Union Artificial Intelligence Act (Part Three) – High-Risk AI Systems and What the AI Act Mandates

What to Know About the New European Union Artificial Intelligence Act (Part Three) – High-Risk AI Systems and What the AI Act Mandates

Internet Law

The Artificial Intelligence Act (“AI Act”) has now gone into effect in the European Union. In Part One of this series, the Internet Law Attorneys at Revision Legal summarized the applicability of the AI Act, some exemptions from coverage, and the effective date timetable. Part Two summarized the Act’s enforcement mechanisms, risk-level framework, and banned […]

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Is A U.S. Registered Trademark Protected In Foreign Countries?

Is A U.S. Registered Trademark Protected In Foreign Countries?

Trademark

Generally, the answer is no. Registering a trademark in the United States does not mean that your trademark is registered in foreign countries. Foreign countries do not recognize U.S. registrations and require that trademarks be registered under their trademark laws and procedures. That being said, in some countries like the United Kingdom, Canada, Australia and […]

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What is a USPTO Office Action and What to Do if One is Received

What is a USPTO Office Action and What to Do if One is Received

Trademark

If you or your business has filed an application with the United States Patent and Trademark Office (“USPTO”) to register a trademark, at some point in the review process, you might receive an “Office Action” from the examining attorney. An “office action” sounds mysterious, but an office action is simply a formal communication — a […]

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Executive Employment Contracts: With Chevron Overturned, Will Non-Competes Return?

Executive Employment Contracts: With Chevron Overturned, Will Non-Competes Return?

Corporate

On June 28, 2024, the U.S. Supreme Court handed down its decision in Loper Bright Enterprises v. Ramondo. In that decision, the Supreme Court overturned what is called the Chevron doctrine, which required federal courts to give great deference to a federal regulatory agency when that agency interprets an ambiguous provision in a statute over […]

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Using a Virtual Influencer? No Problem, But You Must Comply With the Revised FTC’s Endorsement Guides

Using a Virtual Influencer? No Problem, But You Must Comply With the Revised FTC’s Endorsement Guides

Internet Law

The use of social media influencers is now a well-established marketing technique. A variation on the idea — now becoming a substantial marketing trend — is creating and using virtual influencers. Virtual influencers are hyper-realistic, human-looking social media influencers who are designed to act and sound like the “real thing.” These creations are also called […]

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I Only Sell or Provide Services Locally — Can I Still Obtain a Federal Trademark Registration?

I Only Sell or Provide Services Locally — Can I Still Obtain a Federal Trademark Registration?

Trademark

Yes, although there are nuances and a plan of action may be needed. To more specifically evaluate this question, focus must turn, first, to whether the products and services at issue are, in fact, being provided “only locally.” If products or services are, indeed, being provided only locally, then the focus must turn to how […]

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What is General Data Protection Regulation (“GDPR”)?

What is General Data Protection Regulation (“GDPR”)?

Internet Law

The General Data Protection Regulation (“GDPR”) is a set of regulations issued by the European Union (“EU”) that provides legal protection for consumer personal data. The GDPR applies to all nations and countries that are part of the EU and EU economic areas (Iceland, Lichtenstein, and Norway). This includes nearly every country in Europe and […]

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Purpose of Closing Conditions or Conditions Precedent in an eCommerce Business Asset Purchase Agreement

Purpose of Closing Conditions or Conditions Precedent in an eCommerce Business Asset Purchase Agreement

Corporate

When an e-commerce business is bought and sold, the buyer and seller generally sign an Asset Purchase Agreement (“APA”). An is a document setting out the obligations of the parties and various other terms and conditions of the sale. An APA is generally the method of buying most of an e-commerce business’s assets rather than […]

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Update on California’s Social Media Content Moderation Law (AB 587) and SCOTUS Decision in NetChoice, LLC v. Moody

Update on California’s Social Media Content Moderation Law (AB 587) and SCOTUS Decision in NetChoice, LLC v. Moody

Internet Law

In 2023, California enacted a social media content moderation law commonly known as AB 587. The law has been codified at Cal. Bus. & Prof. Code § 22675 et seq. and has no specific statutory name. We will refer to the law as “AB 587” herein. Shortly after enactment, the company formerly known as Twitter […]

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Cannabis Rescheduling Opens the Door to Cannabis Trademarking At Least For Medical Marijuana

Cannabis Rescheduling Opens the Door to Cannabis Trademarking At Least For Medical Marijuana

Trademark

As reported by AP News, the federal Drug Enforcement Administration (“DEA”) will begin a rulemaking process that is intended to reclassify cannabis — marijuana — as a Schedule III drug under the Controlled Substances Act. Cannabis is currently scheduled as a Schedule I drug. Schedule I drugs are deemed the most dangerous drugs and, presumably, […]

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