Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- European Union (2)
- Internet (2)
- 2nd Circuit US Circuit Court of Appeals; 9th Circuit; 9th US Circuit Court of Appeals; Ape; Art; Authentication; Authenticity; BAYC; Birkin; Bitcoin; Bitcoin Blockchain; Blockchain; Blockchain Technology; Bored Ape Yacht Club; Brand Identity; Branding; Brand Protection; Business; Businesses; California; Central District of California; Civil Law; Classification; Collectibles; Commerce; Common Law; Consumer Confusion; Crypto; Cryptocurrency; CryptoPunk; CryptoPunks; Digital; Digital Age; Digital Assets; Digital Database; Digital Collectibles; Double Identity; Ethereum; Ethereum Blockchain; EU; EUIPO; Europe; European Union; European Union Intellectual Property Office; European Union Trade Mark; European Union Trade Mark Regulation; EUTM; EUTMR; Fair Competition; Federal Court; First Amendment; First to use; First to file; Global; Globalization; Hermes; Infringement; Innovation; Intellectual Property; Intent-to-Use; Internet; IP; Lanham; Lanham Act; Likelihood of Confusion; Litigation; Madrid Agreement; Madrid Protocol; Mark; Mason Rothschild; Metadata; MetaBirkin; MetaBirkins; Metaverse; Mint; Minted; Minting; New York; NFT; NFTs; Nice Classification; Nike; Non-Fungible Token; Non-Fungible Tokens; Ownership; Paris Convention; PFP; PFP NFT; Registered Marks; Regulation (EU) 2017/100; Regulation 2017/1001; Rothschild; RR/BAYC; Ryder Ripps; Satoshi Nakamoto; SDNY; Smart Contract; Sneaker; Southern District of New York; StockX; Technology; TM; TMs; Token; Tokens; Tokenization; Token ID; Trade; Trade-Related Aspect of Intellectual Property Rights Agreement; Trademark; Trademark Act; Trademark Cases; Trademark Infringement; Trademark Registration; TRIPS; TRIPS Agreement; United States; United States Patent and Trademark Office; Unregistered Marks; US; USPTO; Vault NFT; Virtual goods; WIPO; World Intellectual Property Organization; Yuga; Yuga Labs (1)
- Amazon (1)
- Arrest; Aut Dedere Aut Judicare; Call Center; Caller ID; Con Artist; Concurrent Jurisdiction; Conviction; COVID-19; Cryptocurrency; Customary International Law; Cybercrime; Employment; Extradition; Extraterritoriality; Financial Crime; Fraud; Government Imposter; Immigration; International Covenant on Civil and Political Rights; Internet; INTERPOL; Investment Scam; Jurisdiction; Law Enforcement; Lottery Scam; Mutual Legal Assistance Treaty; Passive Personality Principle; Phone Call; Prosecution; Robocalls; Scam; Scarcity Principle; Sovereignty; Tax Fraud Scam; Technical Support; Technical Support; Scam; Telephone Calls; Territoriality Principle; Utilitarianism; Victim; Voice Over Internet Protocol (1)
-
- CISG (1)
- Cartier International AG v. British Sky Broad (1)
- Consumers (1)
- Convention (1)
- Convention on Data Privacy. (1)
- Counterfeit (1)
- Counterfeit Goods (1)
- Counterfeit Market (1)
- Data Breach (1)
- Data Privacy (1)
- Data breach; data protection; small businesses; breach notification framework; cybersecurity; MyBizHomepage; cyberattack; Code Spaces; Software as a Service; SaaS; cybercriminals; data security; Great Depression; World War II; Small Business Act of 1953; SBA; Small Business Administration; Privacy Rights Clearinghouse; ChoicePoint; Personally Identifiable Information; PII; consumer credit reporting information; Protected Health Information; PHI; Gramm-Leach-Bliley Act; GLBA; Bank Holding Company Act of 1956; Health Insurance Portability and Accountability Act of 1996; HIPAA; Federal Trade Commission; FTC; Fair Credit Reporting Act; civil penalties; Commonwealth v. Haney; Massachusetts Security Breaches Law; In re Yahoo! Inc. Customer Data Security Breach Litigation; California Customer Records Act; attorney general; Community Bank of Trenton v. Schnuck Markets; In re Target Corp. Customer Data Security Breach Litigation; Personal Data Privacy and Security Act; Personal Data Privacy and Security Act; Department of Homeland Security; National Institute of Standards and Technology (NIST) Small Business Cybersecurity Act; Cybersecurity Enhancement Act of 2014; Small Business Reauthorization Act of 1997; Historically Underutilized Business Zones; HUBZone; European Union; General Data Protection Regulation; GDPR; Privacy by Design; California Consumer Privacy Act; CCPA; liability insurance; burden-shifting (1)
- Data-Privacy Law (1)
- E-Commerce (1)
- EBay (1)
- EU-U.S. Privacy Shield (1)
- European Court of Justice (1)
- European Union Data Protection Directive 95/46/EC (1)
- European Union; EU; Brazil; GDPR; General Data Protection Regulation; LGPD; privacy regulation (1)
- Fashion (1)
- Federal Trade Commission (1)
- General Data Protection Regulation (1)
- Global Privacy Enforcement Network (1)
- Google (1)
- Intellectual Property (1)
- Intermediary (1)
Articles 1 - 11 of 11
Full-Text Articles in Internet Law
Trademark Infringement: The Likelihood Of Confusion Of Nfts In The Us And Eu, Sara Sachs
Trademark Infringement: The Likelihood Of Confusion Of Nfts In The Us And Eu, Sara Sachs
Brooklyn Journal of International Law
The immutability of non-fungible tokens has made it an invaluable tool for asset ownership and authentication across a variety of industries. With the proliferation of NFTs comes the need to protect trademarks and prevent consumer confusion in the digital age. This Note explores the existing legal framework for trademark law in the United States and European Union. This Note argues for a new trademark standard that reflects the interconnected nature of a global digital society.
How (Not) To Deal With The Bubble Effect In Cyberspace: The Case Of The Eu And Digital Services Act, João Tornada
How (Not) To Deal With The Bubble Effect In Cyberspace: The Case Of The Eu And Digital Services Act, João Tornada
Brooklyn Journal of International Law
Deliberative democracies are based on an ideal process of speech and dialogue that fosters an “uninhibited, robust, and wide-open” public discourse sphere. In cyberspace, social networks and search engine platforms largely operate with recommender systems that tailor content according to the users' interests and online behavior (“profiling”), thus segregating them from different points of view (“bubble effect”). While this personalization of content is particularly efficient to promote commercial goods and services, when it comes to information of common interest, especially on political matters, it undermines consensus-building dialogue and threatens democratic ideals. The theory of a free “marketplace of ideas” justifies …
From The Golden Gate To London: Bridging The Gap Between Data Privacy And The Right Of Publicity, Kristin Kuraishi
From The Golden Gate To London: Bridging The Gap Between Data Privacy And The Right Of Publicity, Kristin Kuraishi
Brooklyn Journal of International Law
Currently, there is no global standard or recognition for the right of publicity. Even within the United States, the recognition, scope, and protections vary by state. As the world becomes increasingly reliant on social media for news, information, communication, and recommendations, micro-influencers and non-celebrities require a way to control their developed and curated name, image, and likeness from unauthorized commercial uses by others. Advertising is occurring more frequently online, and brands recognize the power that micro-influencers have on commerce. Some countries, like the United Kingdom, do not recognize the right of publicity, potentially leaving many individuals without recourse for the …
Prosecuting The Phone Scammer When Extradition Fails And Concurrent Jurisdiction Exists, Michelle Lepkofker
Prosecuting The Phone Scammer When Extradition Fails And Concurrent Jurisdiction Exists, Michelle Lepkofker
Brooklyn Journal of International Law
Advancements in technology allow people to place phone calls half a world away via the internet. This technology has made it easier and cheaper for consumers to communicate, but it has also made it easier for scammers to reach more unsuspecting victims. In 2020, TrueCaller, an app designed to block scam phone calls, successfully blocked, and identified 31.3 billion spam calls in 20 countries. In the same year, Americans alone lost a total of USD $ 29.8 billion to scam calls. This Note argues that phone scams continue to be lucrative, in part, because criminal prosecutions of transnational crimes are …
Copystrikes And Meme Bans: Social Media And Copyright Protections In The Digital Age, Angelina Sanchez
Copystrikes And Meme Bans: Social Media And Copyright Protections In The Digital Age, Angelina Sanchez
Brooklyn Journal of International Law
Social media is a pervasive and ever-present aspect of many peoples’ lives. Its use permeates nearly every aspect of our existence – there truly is an app for everything. Most notably, social media operates internationally both in scope and usage allowing for the creation of an astounding global society that shares cultures and perspectives in a way unprecedented in human history. Never before have societies been as interconnected as they are now. Unfortunately, such interconnectedness comes with the issue of globalizing enforcement of copyright laws. Infringement runs rampant online and forces creators to struggle against a seemingly faceless foe in …
Easing The Burdens Of A Patchwork Approach To Data Privacy Regulation In Favor Of A Singular Comprehensive International Solution—The International Data Privacy Agreement, Scott Resnick
Brooklyn Journal of International Law
Data privacy has become one of the premier hot-button issues in today’s increasingly digital human experience. Legislatures around the globe have attempted to act swiftly in an effort to safeguard the highly coveted personal information of their citizens and combat misuse at the hands of international businesses operating with an online presence. Since the European Union’s enactment of the General Data Protection Regulation (GDPR) in 2018, countries around the globe have been grappling with how best to replicate the EU’s leading data privacy regulation while providing the same or greater level of transparency into data collection practices. While a mere …
Saving Small Business From The Big Impact Of Data Breach: A Tiered Federal Approach To Data Protection Law, Nadia Udeshi
Saving Small Business From The Big Impact Of Data Breach: A Tiered Federal Approach To Data Protection Law, Nadia Udeshi
Brooklyn Journal of Corporate, Financial & Commercial Law
Small businesses provide a significant positive impact on the American economy. However, the current fragmented federal and state data protection and breach notification legal scheme puts the viability of small businesses at risk. While the probability of data breaches occurring continues to increase, small businesses lack the financial and technological resources to contend with the various state and federal laws that impose different monetary penalties and remedial requirements in the event of such breaches. To preserve the viability of small businesses, Congress should enact a centralized, multi-tiered federal data protection and breach notification framework that preempts state laws, imposes minimum …
Comparative Analysis Of The Eu’S Gdpr And Brazil’S Lgpd: Enforcement Challenges With The Lgpd, Abigayle Erickson
Comparative Analysis Of The Eu’S Gdpr And Brazil’S Lgpd: Enforcement Challenges With The Lgpd, Abigayle Erickson
Brooklyn Journal of International Law
In the wake of the adoption of the European Union’s General Data Protection Regulation (GDPR) in May 2018, other countries and jurisdictions have contemplated personal data privacy legislation. In August 2018, the former president of Brazil, Michel Temer, signed the country’s comprehensive data privacy regulation, Lei Geral de Proteção de Dados Pessoais (LGPD), into law. Temer, however, vetoed many of the enforcement provisions. Shortly before leaving office, Temer signed an executive order creating a regulatory agency as the bill initially called for, but situated the agency under executive control instead of creating a wholly independent agency. This Note provides a …
Slipping Through The Cracks: How Digital Music Streaming Cuts Corners On Artists’ Royalty Revenues Globally, Frances Lewis
Slipping Through The Cracks: How Digital Music Streaming Cuts Corners On Artists’ Royalty Revenues Globally, Frances Lewis
Brooklyn Journal of International Law
At a time when the digital distribution of music is dominating the music industry, there are more music consumers than ever. This makes it vitally important for performing artists to receive the credit they are due. An inherent problem in music’s digital distribution market is that music streaming companies often fail to acquire proper licenses to expand their music libraries faster than their competitors. Performing artists who may not have the same income stream as their A-list counterparts often cannot bear the cost of litigation to pursue uncredited royalties. The U.S. class action model provides performing artists with a legal …
Fashion Forward: The Need For A Proactive Approach To The Counterfeit Epidemic, Casey Tripoli
Fashion Forward: The Need For A Proactive Approach To The Counterfeit Epidemic, Casey Tripoli
Brooklyn Journal of International Law
In the last two decades, the overall activity of the counterfeit market has expanded and risen 10,000 percent. This dramatic shift corresponds to growth of the Internet, which has unified the fascination of obtaining cheap, illegitimate goods with the efficiency of a mouse click. With the expected continued inflation of the counterfeit market comes a host of new concerns, namely, how to determine who is responsible for the distribution of these knockoffs, and who should be ordained to limit them in the marketplace. In both the United States and the European Union, however, outdated laws produce a mélange of inadequate …
The Need For An International Convention On Data Privacy: Taking A Cue From The Cisg, Morgan Corley
The Need For An International Convention On Data Privacy: Taking A Cue From The Cisg, Morgan Corley
Brooklyn Journal of International Law
In light of the invalidation of the U.S.-EU Safe Harbor, along with the increase in sales of personal data as a commodity, data privacy has become a major concern amongst different nations. The lack of harmonization of data-privacy laws around the world continues to pose obstacles to the free flow of data across national borders. The free flow of data is, nonetheless, essential the international economy. As a result, nations continue to work together to try to create mechanisms by which data can be transferred across borders in a secure manner. This Note examines the current state of data-privacy law …