Author Archives: John DiGiacomo

State and Federal Auto-Renewal Laws: Should SaaS Contracts Contain Auto-Renewal Provisions?

State and Federal Auto-Renewal Laws: Should SaaS Contracts Contain Auto-Renewal Provisions?

Internet Law

Many Software-as-a-Service (“SaaS”) businesses have automatic renewal provisions in their contracts. There are obvious advantages to these provisions, such as reliable cash flow and avoiding the employee, managerial, administrative, and other costs associated with repeated contract renewal negotiations. However, SaaS businesses must be aware of State and federal automatic renewal statutes and their requirements. The […]

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Consumer Data Protection Statutes: What are “Dark Patterns” Related to Consumer Consent?

Consumer Data Protection Statutes: What are “Dark Patterns” Related to Consumer Consent?

Internet Law

Many States have recently enacted consumer data protection statutes. Indeed, at this point, almost half of the U.S. States now have such a statute. In reviewing the most recently enacted statutes, one trend that can be seen is the increasing focus on defining the word “consent” to exclude any sort of agreement/consent obtained “through the […]

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What to Know About the New European Union Artificial Intelligence Act (Part One of Three) – Coverage, Applicability and Timetable

What to Know About the New European Union Artificial Intelligence Act (Part One of Three) – Coverage, Applicability and Timetable

Internet Law

The Artificial Intelligence Act (“AI Act”) has now gone into effect in the European Union. Implementation of the AI Act will be phased in over three years or so, allowing businesses time to evaluate their AI systems and create compliance policies and programs. The purpose of the AI Act is to regulate the use of […]

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What to Know About the New European Union Artificial Intelligence Act (Part Two) – Enforcement and What AI Systems are Banned

What to Know About the New European Union Artificial Intelligence Act (Part Two) – Enforcement and What AI Systems are Banned

Internet Law

As discussed in Part One of this series, 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. In Part Two, […]

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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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