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The answer to this question is complex and nuanced. In the last decade or so, it has become fashionable to insist there is some stark dichotomy between what a trademark is and what a brand is. But the difference is not as stark as some marketers would like you to believe. The traditional definition of […]
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The Circle R and the TM symbols both relate to trademarks and both can be physically placed on products, packaging, advertising materials, websites, etc. The Circle R symbol is an “R” enclosed in a circle (®). While both are trademark-related symbols, there are different eligibility requirements for use, meanings, and implications. Here is a quick […]
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E-commerce businesses must comply with federal and State-level advertising laws and regulations. This is true of any business. But e-commerce businesses face special challenges because there is a whole array of potential methods of innocently, accidentally, or intentionally violating advertising laws. These include the potential to engage in false and deceptive advertising practices, such as […]
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In the United States, at the federal level, trademarks are registered by the U.S. Patent and Trademark Office. Most U.S. States also offer trademark registration. Historically, trademark registration began at the State level and only became a federal issue in the late 1800s and early 1900s. Trademark registration is important and beneficial to the owners […]
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As reported here, a U.S. federal judge in San Francisco has ruled that it is “fair use” under U.S. Copyright laws to use books and other literature to train an AI module, but that storage of the literature in a database is not. The case involves an AI development company called Anthropic. The lawsuit was […]
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As of mid-2025, twenty States have enacted some version of a comprehensive consumer data privacy statute. Fourteen of those statutes are in full effect, with the remaining six to become effective by January 1, 2026. Given the “patchwork quilt” created by the overlapping and sometimes inconsistent statutes, there are a lot of potential legal pitfalls […]
Read more about Pitfalls to Avoid in Consumer Data Protection Compliance