Anything you say can be used against you
Published on Oct 23, 2018
Presentation delivered to students at Northwest University, Kirkland, WA, on October 23, 2018.
MORE DECKS TO EXPLORE
PRESENTATION OUTLINE
The Impact of Trademark, Copyright, and other Regulations on Business Websites
Todd Brogowski, JD, CFE, CCEP,
Todd's Written Word, LLC
www.toddswrittenword.com
todd@toddswrittenword.com
253-355-9351.
Todd's Written Word, LLC
www.toddswrittenword.com
todd@toddswrittenword.com
253-355-9351.
Photo by verbeeldingskr8
Agenda
- Copyright
- Fair Trade
- International Law
- Trademark
We’re going to cover categories of law that affect business websites, so that you walk away with a basic understanding of what you need to think about when you create digital content. We’ll then transition into a Q&A for your concerns
My background
- JD, Georgetown University
- Boeing
- Commercial Litigator
- BA, Boston College
- DIA/JSOC
- Todd’s Written Word, LLC
Do I need a lawyer or a law degree to publish a business website?
No, but...
Booking photo, Ross Utricht AKA Dread Pirate Roberts, founder of the website "Silk Road"
There are certain issues where you need to know that civil and criminal law are implicated.
For certain types of content, do without legal review and professional writers at your own peril.
As professionals you will face questions of risk management and compliance in innumerable areas. It’s time to start knowing those red flags where you stop and decide:
I can do this thing on my own.
I can do this thing on my own but cost-benefit analysis dictates I should hire a pro.
I need to come to a complete stop and have a lawyer advise me as to the best course of action.
There are certain issues where you need to know that civil and criminal law are implicated.
For certain types of content, do without legal review and professional writers at your own peril.
As professionals you will face questions of risk management and compliance in innumerable areas. It’s time to start knowing those red flags where you stop and decide:
I can do this thing on my own.
I can do this thing on my own but cost-benefit analysis dictates I should hire a pro.
I need to come to a complete stop and have a lawyer advise me as to the best course of action.
Don't get me in trouble.
Photo by Thomas Hawk
Before we get started, I’m not your lawyer. Nothing in this talk constitutes legal advice and no communication here constitutes an attorney-client relationship.
Trademark Law
Trademarks have been around for a very long time.
Maker’s Mark, Roman Amphora, Image Courtesy University of Minnesota Anthropology Department
http://anthropologylabs.umn.edu/digital/CaseDisplay/pages/roman_pottery/sig...
The concept of a maker’s mark has been around for thousands of years. Roman blacksmiths and potters used trademarks on swords and amphora as far back as the 1st Century AD. There are likely older examples as well from Greece and Phoenicia.
Why? Because you didn’t want someone passing off their inferior clay amphora of wine as yours in a culture that refined the art of torturous execution by crucifixion and brazen bull.
http://anthropologylabs.umn.edu/digital/CaseDisplay/pages/roman_pottery/sig...
The concept of a maker’s mark has been around for thousands of years. Roman blacksmiths and potters used trademarks on swords and amphora as far back as the 1st Century AD. There are likely older examples as well from Greece and Phoenicia.
Why? Because you didn’t want someone passing off their inferior clay amphora of wine as yours in a culture that refined the art of torturous execution by crucifixion and brazen bull.
The Lanham Act
The Lanham Act of 1946, 15 USC § 1051 et seq.
In the US, the governing trademark law is: The Lanham Act of 1946, 15 USC § 1051 et seq.
We look to England for its laws, and they managed to get a trademark law on the books in 1266. How the hell did we miss this one when we drafted the Constitution?
Arguably, the US Constitution anticipated Trademark laws before then, but the US Supreme Court struck down as unconstitutional the first attempts to regulate trademarks by Congress. See United States v. Steffens; United States v. Wittemean; and United States v. Johnson, 100 US 82 (1879; consolidated decisions frequently referred to as the “Trade-Mark Cases”).
These were cases involving counterfeit label bottles of champagne and whiskey. Remember, it was terribly important that brands were not tarnished with bootleg bottles of rotgut. Bootleg whiskey had the potential to be poisonous, sometimes fortified with formaldehyde.
These cases struck down Congress’ authority to regulate marks because it attempted to do so through the Copyright Clause of the US Constitution.
It wasn’t until 1881 that Congress was able to pass a new trademark act that was not overturned by the US Supreme Court.
Congress did so by relying on the Commerce Clause, which granted it authority over regulation of matters involving interstate commerce. This law was unsuccessful in preventing counterfeiting and piracy, and in 1946, the Lanham Act superseded it, but only for marks created after that date.
We look to England for its laws, and they managed to get a trademark law on the books in 1266. How the hell did we miss this one when we drafted the Constitution?
Arguably, the US Constitution anticipated Trademark laws before then, but the US Supreme Court struck down as unconstitutional the first attempts to regulate trademarks by Congress. See United States v. Steffens; United States v. Wittemean; and United States v. Johnson, 100 US 82 (1879; consolidated decisions frequently referred to as the “Trade-Mark Cases”).
These were cases involving counterfeit label bottles of champagne and whiskey. Remember, it was terribly important that brands were not tarnished with bootleg bottles of rotgut. Bootleg whiskey had the potential to be poisonous, sometimes fortified with formaldehyde.
These cases struck down Congress’ authority to regulate marks because it attempted to do so through the Copyright Clause of the US Constitution.
It wasn’t until 1881 that Congress was able to pass a new trademark act that was not overturned by the US Supreme Court.
Congress did so by relying on the Commerce Clause, which granted it authority over regulation of matters involving interstate commerce. This law was unsuccessful in preventing counterfeiting and piracy, and in 1946, the Lanham Act superseded it, but only for marks created after that date.
Photo by limaoscarjuliet
What does it take for a name to become a mark
- registered as a trade or service mark with the USPTO
- no likelihood of confusion with other marks
- not generic or merely descriptive
Photo by Rajiv Patel (Rajiv's View)
Descriptive marks
- Boeing
- Seattle's Best Coffee
- Lenscrafters
- Newman's Own
Describe a product, service, the maker’s surname, or geographic area **unless they acquire secondary meaning**
- Boeing
- Seattle’s Best Coffee
- Lenscrafters
- Newman's Own
Unlike arbitrary or suggestive marks, descriptive marks are not inherently distinctive and are protected only if they have acquired “secondary meaning.” Descriptive marks must clear this additional hurdle because they are terms that are useful for describing the underlying product, and giving a particular manufacturer the exclusive right to use the term could confer an unfair advantage.
- Boeing
- Seattle’s Best Coffee
- Lenscrafters
- Newman's Own
Unlike arbitrary or suggestive marks, descriptive marks are not inherently distinctive and are protected only if they have acquired “secondary meaning.” Descriptive marks must clear this additional hurdle because they are terms that are useful for describing the underlying product, and giving a particular manufacturer the exclusive right to use the term could confer an unfair advantage.
Photo by thekellyscope
Generic terms
- sandwich shop
- paper clip
- pain reliever
“The public need not be able to identify the specific producer; only that the product or service comes from a single producer. When trying to determine whether a given term has acquired secondary meaning, courts will often look to the following factors: (1) the amount and manner of advertising; (2) the volume of sales; (3) the length and manner of the term’s use; (4) results of consumer surveys.”
William Fisher, Berkman Klein Center for Internet & Society, Lecture Series, Intellectual Property In Cyberspace
https://cyber.harvard.edu/metaschool/fisher/domain/tm.htm (2000),
Zatarain’s, Inc. v. Oak Grove Smokehouse, Inc., 698 F.2d 786 (5th Cir. 1983)https://cyber.harvard.edu/metaschool/fisher/domain/tmcases/zatar.htm
William Fisher, Berkman Klein Center for Internet & Society, Lecture Series, Intellectual Property In Cyberspace
https://cyber.harvard.edu/metaschool/fisher/domain/tm.htm (2000),
Zatarain’s, Inc. v. Oak Grove Smokehouse, Inc., 698 F.2d 786 (5th Cir. 1983)https://cyber.harvard.edu/metaschool/fisher/domain/tmcases/zatar.htm
Photo by Joelk75
Trademarks Can Die
- aspirin
- cellophane
- dry ice
- heroin
- kerosene
# Trademarks Can Die
Trademarks can become descriptive and generic, if a brand doesn’t enforce its right in the mark, and the mark culturally becomes a descriptive term:
- aspirin
- cellophane
- dry ice
- heroin
- kerosene
Trademarks can become descriptive and generic, if a brand doesn’t enforce its right in the mark, and the mark culturally becomes a descriptive term:
- aspirin
- cellophane
- dry ice
- heroin
- kerosene
Photo by brx0
Yes. Heroin was a trademark.
Photo by Thomas Marthinsen
Future possibilities?
- Google?
- Photoshop?
Trademark and Your Websites
- Is your IP registered with the USPTO?
- Could your marks be considered descriptive or generic?
Infringement
- likely to cause confusion
- misrepresents the nature or origin of goods
- likely to cause damage
- false or misleading representation
Lanham Act prevents:
- dilution by "tarnishment" for famous trademarks
- dilution by blurring for famous trademarks
- importation of goods that violate the act
Exceptions
- news and news commentary;
- parody
- fair use comparing products;
- noncommercial use; and,
Real World Infringement
- The new competitor
- The advertisement that goes too far
Domain names and Cybersquatting
Domain names are not trademarks
Obviously, the internet has changed things. One question raised in the early days of the internet was whether domain names were presumptively treated as trademarks.
Congress passed the Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d) in 1999 (revised 2012), to address trademark law on the web. The ACPA prevented registering domain names that are designed with a “bad faith intent” to profit from a mark.
As with all things legal, certain exceptions apply. These come from things like having the same name - which you then use as a domain name - as a famous mark. So, for example, if your name is Miller, it wouldn’t be bad faith to incorporate that name in a domain name.
However, the law has been used to prevent someone from registering the domain name of panavision.com for their images of the city of Pana, Illinois, because it was shown that they intended to hold the domain hostage for a payout from film camera company Panavision. See Panavision Int’l L.P. v. Toeppen, 141 F.3d 1316 (9th Cir. 1998).
In Panavision Int’l L.P. v. Toeppen, 141 F.3d 1316 (9th Cir. 1998), the defendant registered the domain name Panavision.com. Panavision, the trademark owner, learned that Toeppen had registered its trademark when it attempted to register the trademark “Panavision” as a domain name.
Toeppen was using the domain panavision.com to display photographs of Pana, Illinois, and, when asked to cease, he offered to sell the domain name to Panavision for $13,000. After Panavision refused to buy the domain name from Toeppen, he registered its other trademark, Panaflex, as a domain name.
The Court held that the FTDA could be violated without the traditional tarnishing or blurring the courts had required. Rulings like this extended the FTDA substantially.
Congress passed the Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d) in 1999 (revised 2012), to address trademark law on the web. The ACPA prevented registering domain names that are designed with a “bad faith intent” to profit from a mark.
As with all things legal, certain exceptions apply. These come from things like having the same name - which you then use as a domain name - as a famous mark. So, for example, if your name is Miller, it wouldn’t be bad faith to incorporate that name in a domain name.
However, the law has been used to prevent someone from registering the domain name of panavision.com for their images of the city of Pana, Illinois, because it was shown that they intended to hold the domain hostage for a payout from film camera company Panavision. See Panavision Int’l L.P. v. Toeppen, 141 F.3d 1316 (9th Cir. 1998).
In Panavision Int’l L.P. v. Toeppen, 141 F.3d 1316 (9th Cir. 1998), the defendant registered the domain name Panavision.com. Panavision, the trademark owner, learned that Toeppen had registered its trademark when it attempted to register the trademark “Panavision” as a domain name.
Toeppen was using the domain panavision.com to display photographs of Pana, Illinois, and, when asked to cease, he offered to sell the domain name to Panavision for $13,000. After Panavision refused to buy the domain name from Toeppen, he registered its other trademark, Panaflex, as a domain name.
The Court held that the FTDA could be violated without the traditional tarnishing or blurring the courts had required. Rulings like this extended the FTDA substantially.
Photo by Thomas Kvistholt
What does this mean for your business and website?
- make sure you police the use of your marks
- be careful not to infringe on the marks of others
- Domain names are not marks but can be protected
- be careful not to infringe on the marks of others
- Domain names are not marks but can be protected
Copyright Law
"The Congress shall have power to… promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries...."
The Congress shall have power to… promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries....
— US Constitution, Art. 1, S.8
Copyright protection making its way into the Constitution makes sense when you think about the fact that the Constitutional Convention of 1787 was a who’s who of writers, philosophers, and inventors.
- Dickinson
- Franklin
- Madison
- Hamilton
- Mason
— US Constitution, Art. 1, S.8
Copyright protection making its way into the Constitution makes sense when you think about the fact that the Constitutional Convention of 1787 was a who’s who of writers, philosophers, and inventors.
- Dickinson
- Franklin
- Madison
- Hamilton
- Mason
Laws Governing Copyright
- The Copyright Act of 1976, 17 U.S.C. §§ 101-810
- Copyright Renewal Act of 1992, Pub.L. 102–307
Sonny Bono Copyright Extension Act of 1998, AKA “The Mickey Mouse Protection Act,” Pub.L. 105–298
What is protected by copyright?
Copyright law includes the following types of works: literature, music, drama, choreography, pictures, graphics, sculptures, audio-visual works, sound recordings, derivative works, compilations and anthologies, and architectural works.
Copyright protection does not protect ideas. It only covers the expression of ideas.
See Peter Pan Fabrics, Inc. v. Martin Weiner Corp., 274 F.2d 487 (2d Cir. 1960) (Learned Hand, deciding).
https://scholar.google.com/scholar_case?case=7909069540715359056
https://scholar.google.com/scholar_case?case=7909069540715359056
Copyright only protects content made by humans. For now.
Selfie by Naruto, a macaque monkey.
"This case arises out of allegations that Naruto, a six-year-old crested macaque, took multiple photographs of himself (the “Monkey Selfies”) using defendant David John Slater’s camera. The complaint, filed by the People for the Ethical Treatment of Animals (“PETA”) and Antje Engelhardt as “Next Friends,” alleges that defendants Slater, Blurb, Inc. (the “publisher” of a book by Slater containing the Monkey Selfies), and Wildlife Personalities, Ltd. (a United Kingdom company that, along with Slater, “falsely” claims authorship of the Monkey Selfies) violated Naruto’s copyright by displaying, advertising, and selling copies of the Monkey Selfies."
Naruto, et al. v. Slater, et al., no. 15-CV-04324 (N.D. Cal. 28 January 2016), Order Granting Motions To Dismiss
http://www.courthousenews.com/2016/01/29/monkey%20selfie.pdf
"This case arises out of allegations that Naruto, a six-year-old crested macaque, took multiple photographs of himself (the “Monkey Selfies”) using defendant David John Slater’s camera. The complaint, filed by the People for the Ethical Treatment of Animals (“PETA”) and Antje Engelhardt as “Next Friends,” alleges that defendants Slater, Blurb, Inc. (the “publisher” of a book by Slater containing the Monkey Selfies), and Wildlife Personalities, Ltd. (a United Kingdom company that, along with Slater, “falsely” claims authorship of the Monkey Selfies) violated Naruto’s copyright by displaying, advertising, and selling copies of the Monkey Selfies."
Naruto, et al. v. Slater, et al., no. 15-CV-04324 (N.D. Cal. 28 January 2016), Order Granting Motions To Dismiss
http://www.courthousenews.com/2016/01/29/monkey%20selfie.pdf
Exceptions to Copyright Protections
- public broadcasters
- Fair Use and Parody
- mandatory licensing for cover songs and jukeboxes
- braille versions of content
- software backup copies
- libraries
- First Sale Doctrine
Exceptions to Copyright Protections
- libraries
- public broadcasters
- braille versions of content
- software backup copies
- mandatory licensing for cover songs and jukeboxes
- Fair Use and Parody
- First Sale Doctrine
First Sale Doctrine - 17 USC 109
https://www.law.cornell.edu/uscode/text/17/109
limits the rights of copyright holders to control the further distribution and display of copies of their works *after* the first sale by the copyright owner. The owner of a particular copy is entitled to “sell or otherwise dispose of the possession of that copy” and to “display the copy publicly … to viewers present at the place where the copy is located.”
- libraries
- public broadcasters
- braille versions of content
- software backup copies
- mandatory licensing for cover songs and jukeboxes
- Fair Use and Parody
- First Sale Doctrine
First Sale Doctrine - 17 USC 109
https://www.law.cornell.edu/uscode/text/17/109
limits the rights of copyright holders to control the further distribution and display of copies of their works *after* the first sale by the copyright owner. The owner of a particular copy is entitled to “sell or otherwise dispose of the possession of that copy” and to “display the copy publicly … to viewers present at the place where the copy is located.”
Fair Use and Parody
Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994)
- 2 Live Crew’s use of Roy Orbison’s *Pretty Woman*
Justice Souter: The four factors judges consider when determining whether something is fair use are:
- the purpose and character of your use
- the nature of the copyrighted work
- the amount and substantiality of the portion taken, and
- the effect of the use upon the potential market.
Justice Souter: The four factors judges consider when determining whether something is fair use are:
- the purpose and character of your use
- the nature of the copyrighted work
- the amount and substantiality of the portion taken, and
- the effect of the use upon the potential market.
Duration of Copyright Protection
Created after 1978: 70 years after the death of the author
Work for hire created after 1978: 120 years after creation or 95 years after publication, whichever is shorter
Published between 1923-1978: 95 years from the date of publication
1923 and before: Public Domain
Has copyright law gone astray?
Discussion: Politics of Fair Use, Copyright, and Public Domain
Do our copyright laws really protect artistic creativity if they extend almost a century after the death of the author or over a century for corporate works? Or do they protect the power of established corporations?
What do we think of a Twitch streamer broadcasting game comment along with his or her commentary? Is that infringement?
Do our copyright laws really protect artistic creativity if they extend almost a century after the death of the author or over a century for corporate works? Or do they protect the power of established corporations?
What do we think of a Twitch streamer broadcasting game comment along with his or her commentary? Is that infringement?
What will copyright protect on your website?
Discussion: Politics of Fair Use, Copyright, and Public Domain
Do our copyright laws really protect artistic creativity if they extend almost a century after the death of the author or over a century for corporate works? Or do they protect the power of established corporations?
What do we think of a Twitch streamer broadcasting game comment along with his or her commentary? Is that infringement?
Do our copyright laws really protect artistic creativity if they extend almost a century after the death of the author or over a century for corporate works? Or do they protect the power of established corporations?
What do we think of a Twitch streamer broadcasting game comment along with his or her commentary? Is that infringement?
Copyright Registration
- Copyright protection is automatic upon publication
- Registration and delivery of a “deposit work” to the Library of Congress, US Copyright Office is required before an enforcement action can be litigated
- Registration and delivery of a “deposit work” to the Library of Congress, US Copyright Office is required before an enforcement action can be litigated
Fair Trade and US Privacy Laws
The Fair Trade Commission Act of 1914 protects US Consumers based on the US Constitution’s Interstate Commerce Clause
FTC Act Requirements
- advertising must be truthful and non-deceptive
- advertisers must have evidence to back up their claims
- advertisements cannot be unfair
See Federal Trade Commission, Advertising FAQs: A Guide for Small Business
https://www.ftc.gov/tips-advice/business-center/guidance/advertising-faqs-g...
https://www.ftc.gov/tips-advice/business-center/guidance/advertising-faqs-g...
Websites must include effective disclosures regarding their product claims, product pricing and availability, and the use of influencer marketing.
Special rules apply for advertising alcoholic beverages, tobacco products and their synthetic substitutes, and firearms that are enforced by both the FTC and ATF
Special rules apply for advertising related to a publicly-traded company, to advertising related to stock offerings, and to commodities futures that are regulated by the SEC and the CFTC
Special rules apply for advertising and labeling OTC drugs and supplements that are enforced by the FTC and FDA
Special rules apply for advertising and labeling prescription drugs that are enforced primarily by the FDA and DEA
Special rules apply for the advertising to and collecting data from minors under the Children’s Online Privacy Protection Act
The CAN-SPAM Act of 2003
An easy to see and working unsubscribe mechanism is present in all emails.
Consumer opt-out requests are honored within 10 business days.
Opt-out lists are used only for compliance purposes (i.e., can’t sell them as verified email address lists, even though you can find these sold online)
Relevant subject lines (relative to offer in body content and not deceptive)
A legitimate physical address of the publisher and/or advertiser is present.
Can’t be sent through an open relay (anonymous, anything goes SMTP relays)
Can’t be sent to email addresses obtained via web crawling
Federal Data Privacy Laws
- The Federal Trade Commission Act
- The Children's Online Privacy Protection Act
- HIPAA
- American Recovery and Reinvestment Act of 2009
Federal Data Privacy Laws
The Federal Trade Commission
http://bit.ly/2IOsyY5
enforces numerous laws and regulations pertaining to data privacy and online marketing
http://toddswrittenword.com/how-to-comply-with-ftc-regulations-regarding-in...
including (but not limited to):
The Children’s Online Privacy Protection Act
http://bit.ly/2ECbou9
(COPPA);
The Federal Trade Commission Act
http://bit.ly/2IMGstM
(FTC Act);
The Health Insurance Portability & Accountability Act
http://bit.ly/2EEq4c8 (HIPAA);
The American Recovery and Reinvestment Act of 2009
http://bit.ly/2EFgwOh
The Health Breach Notification Rule
http://bit.ly/2IOWyTR
16 CFR §318 (2009);
The Fair Credit Reporting Act: Disposal Rule
http://bit.ly/2IMsCYj
16 CFR §682 (2005);
The Fair Credit Reporting Act: Identity Theft Rule
http://bit.ly/2qpDO6A
16 CFR §681 (2009);
and,
The Red Flags Rule
http://bit.ly/2IMH3M2
12 CFR §41 (2007).
The Federal Trade Commission
http://bit.ly/2IOsyY5
enforces numerous laws and regulations pertaining to data privacy and online marketing
http://toddswrittenword.com/how-to-comply-with-ftc-regulations-regarding-in...
including (but not limited to):
The Children’s Online Privacy Protection Act
http://bit.ly/2ECbou9
(COPPA);
The Federal Trade Commission Act
http://bit.ly/2IMGstM
(FTC Act);
The Health Insurance Portability & Accountability Act
http://bit.ly/2EEq4c8 (HIPAA);
The American Recovery and Reinvestment Act of 2009
http://bit.ly/2EFgwOh
The Health Breach Notification Rule
http://bit.ly/2IOWyTR
16 CFR §318 (2009);
The Fair Credit Reporting Act: Disposal Rule
http://bit.ly/2IMsCYj
16 CFR §682 (2005);
The Fair Credit Reporting Act: Identity Theft Rule
http://bit.ly/2qpDO6A
16 CFR §681 (2009);
and,
The Red Flags Rule
http://bit.ly/2IMH3M2
12 CFR §41 (2007).
Protect your client data.
Between the FTC Act and HIPAA, along with the common law tort of invasion of privacy, businesses can be held liable civilly and criminally for inadvertent disclosures of personally identifiable information. Protect your client data.
Photo by kjetikor
International Laws
- applies to US businesses due to treaties
- applies to US businesses due to overseas actions granting in personam jurisdiction
Member of World Intellectual Property Organization (WIPO) and World Trade Org.
The General Data Protection Regulation (GDPR)
Photo by Christian Wiediger
The GDPR applies to all businesses worldwide that deal in the information of EU member citizens.
EU General Data Protection Regulation (GDPR)
http://toddswrittenword.com/businesses-should-be-ready-for-the-gdpr-coming-...
http://toddswrittenword.com/businesses-should-be-ready-for-the-gdpr-coming-...
Addresses data collection, processing, storage, and use
Right to be Forgotten
72-Hour Data Breach Notification
Conclusion
- When businesses are setting up presences on websites and social media, they need to be aware of
- best practices to ensure they are afforded full trademark, copyright, and unfair competition protections
- best practices to avoid infringing on the trademark and copyright protections afforded to other intellectual property holders
- best practices to ensure compliance with Federal laws and administrative regulations concerning advertising, particularly when addressing securities, minors, alcohol, drugs, and email marketing
- disclosures concerning data mining and tracking
- opt-out provisions
- false, misleading, or otherwise deceptive statements or omissions
- best practices concerning data storage, esp. when dealing with HSPII data/HIPAA data
- best practices to ensure compliance with state and professional limitations of advertising
- best practices to ensure compliance with the GDPR (similar ones exist for privacy in the US, but not as stringent).
- As a general rule all this can be summed up as:
- trademarks and copyrights are protected insofar as they don’t infringe on the freedoms of the First Amendment
- advertising should be based on truth
- consumer data should be kept private
- consumers should not be harassed by spam or robocalls
- businesses should ensure that they have a mind for compliance or hire the appropriate consultant (CFE, CCEP, CISSP, attorney) to deal with it
- best practices to ensure they are afforded full trademark, copyright, and unfair competition protections
- best practices to avoid infringing on the trademark and copyright protections afforded to other intellectual property holders
- best practices to ensure compliance with Federal laws and administrative regulations concerning advertising, particularly when addressing securities, minors, alcohol, drugs, and email marketing
- disclosures concerning data mining and tracking
- opt-out provisions
- false, misleading, or otherwise deceptive statements or omissions
- best practices concerning data storage, esp. when dealing with HSPII data/HIPAA data
- best practices to ensure compliance with state and professional limitations of advertising
- best practices to ensure compliance with the GDPR (similar ones exist for privacy in the US, but not as stringent).
- As a general rule all this can be summed up as:
- trademarks and copyrights are protected insofar as they don’t infringe on the freedoms of the First Amendment
- advertising should be based on truth
- consumer data should be kept private
- consumers should not be harassed by spam or robocalls
- businesses should ensure that they have a mind for compliance or hire the appropriate consultant (CFE, CCEP, CISSP, attorney) to deal with it
