If you’re “wirkin” to save up the money for a BIRKIN bag, you may be waiting a long time. And it may be just as hard to get an imitation version, based on the recent shutdown of a couple of foreign manufacturers’ attempts at selling what has been dubbed the “Wirkin” by consumers on Walmart’s

This post was originally published on Seyfarth’s The Blunt Truth blog.

Federal bans, lack of knowledge, and misinformation all stifle IP protection in the cannabis industry. Previously, one of our colleagues attended MJBizCon in Nevada and noted that “there is so much more to be done to bring this industry on par with other

This post was originally published on Seyfarth’s International Dispute Resolution Blog.

On 16 November 2022, EU Regulation 2022/2065, better known as the Digital Services Act (“DSA”), came into force. The DSA is a key development in the use of online services in the European Union (“EU”), with an impact on online services as significant as the one which the General Data Protection Regulation (“GDPR”) had upon the collection, use, transfer, and storage of data originating in the EU on 25 May 2018.

Ambit

The DSA sets out rules and obligations for digital services providers that act as intermediaries in their role of connecting consumers with goods, services, and content.

Its goal is to regulate and control the dissemination of illegal or harmful content online, provide more consumer protection in online marketplaces, and to introduce safeguards for internet users and users of digital services. It also introduces new obligations for major online platforms and search engines to prevent such platforms being abused.

The DSA applies to a wide range of providers of:

(a) Intermediary services offering network infrastructure such as internet access providers, domain name registrars, and other providers of what is described as ‘mere conduit’ or ‘caching’ services;

(b) Hosting services such as cloud and webhosting services;

(c) Online platforms bringing together sellers and consumers such as online marketplaces, app stores, collaborative economy platforms and social media platforms; and

(d) Very large online platforms and very large online search engines that are used to disseminate content and information.

The DSA applies in the EU, and to those providers outside the EU that offer their services in the EU. If a provider is not established in the EU, they will have to appoint a legal representative within the EU.

The DSA splits providers into tiers. The most heavily regulated tier covers Very Large Online Platforms (“VLOP”s) and Very Large Online Search Engines (“VLSE”s). The main criteria that will bring a provider under the scope of the DSA as a VLOP or VLSE is whether it operates a platform servicing more than 45 million monthly active end users located in the EU.Continue Reading The EU Digital Services Act

A new federal law requires increased transparency in online sales transactions with the aim of protecting consumers against fraudsters and counterfeiters that historically have been able to hide anonymously behind unverified seller profiles.

The Integrity, Notification, and Fairness in Online Retail Marketplaces (“INFORM”) Consumers Act, signed into law by President Biden on December 29, 2022

This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on a company named Ridgeview IP.

Ridgeview IP is an IP Edge entity responsible for 14 total lawsuits, six of which are still active. (Read more about IP

The U.S. Patent and Trademark Office (“USPTO”) has received more than 170 petitions for expungement and reexamination since it began accepting these new filings late last year. And although the Office has issued guidance about how to prepare and submit a petition properly, it has reported a number of “common mistakes” that could easily be

This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on a company named Foothills IP.

Foothills IP is a non-practicing entity located in Texas, and owner of a single patent enforced through short term patent litigation (U.S.

Welcome to the first installment of “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on a company named Cedar Lane Technologies and their recent patent enforcement efforts.

Cedar Lane is one of the more prolific NPEs in the patent enforcement market. A Canadian company