NCAA’s Name, Image and Likeness Modernization Presses Forward

On June 12, Florida Governor Ron DeSantis signed a name, image and likeness (“NIL”) bill into law, moving up the deadline for the NCAA to complete ongoing efforts to modernize its NIL rules. Unlike California’s Fair Pay to Play Act and Colorado’s NIL bill, which have both been previously signed with effective dates in 2023, the Florida NIL bill would allow student-athletes to profit off their NIL in Florida beginning July 1, 2021. More than 30 additional states have pending NIL legislation moving through the legislative process.

While the NCAA has dealt with a myriad of issues in 2020, NIL modernization efforts continue to press forward, and the Florida law sets a tighter timeline for either the NCAA or the federal government to put forward a national standard to avoid a state-by-state approach to NIL issues. While the specific form the NIL rule changes will take is not yet clear, it seems near certain that student-athletes will be allowed to profit off their NIL rights in the very near future.

Continue Reading

California Is at It Again: The California Privacy Rights Act Makes November Ballot

The Californians for Consumer Privacy group is continuing to push for increased rights regarding consumer data through the California Privacy Rights Act (CPRA), a measure that would expand the rights granted under the existing California Consumer Privacy Act (CCPA), which was effective on January 1 of this year. On June 24, the California Secretary of State confirmed that the CPRA initiative collected 900,000 signatures, which was enough to qualify for the November ballot.

The proposed CPRA would expand the privacy rights granted to California residents under the CCPA by:

Continue Reading

Supreme Court Expands Rights to Register Domain Names as Trademarks

The United States Supreme Court issued a decision on June 30, 2020, holding that “Booking.com” can be registered as a trademark. The decision, United States Patent and Trademark Office, et al, vs. Booking.com B. V., reverses longstanding Trademark Office policy and should significantly expand the number of Internet domain names that can be registered as trademarks in the United States. Continue Reading

Miller Nash Prevails at United States Supreme Court

Two brothers in India formed a partnership to carry on the family business. Their partnership agreement contained a clause requiring the brothers to resolve all disputes “of any type whatsoever in respect of the partnership” by arbitration in India. Later, the brothers each also started separate companies. A dispute arose between the brothers regarding the rights to use certain trademarks. One brother (and his company) sued the other brother’s company (but not the other brother) in federal district court in Seattle, alleging violations of the federal Lanham Act governing trademark rights. The other brother’s company (Shrinivas Sugandhalaya, LLP) hired Brian Esler and the lawyers at Miller Nash to defend it. Continue Reading

USPTO Provides Further Relief to Patent and Trademark Applicants In Response to the Continuing COVID-19 Pandemic

As a further update to our earlier posts (U.S. Patent and Trademark Office Increases Extensions to Deadlines under the CARES Act; How the USPTO is Responding to the Coronavirus Outbreak; and USPTO and Copyright Office Announce Extensions to Deadlines Under the CARES Act) regarding actions taken by the United States Patent and Trademark Office (USPTO) responsive to the continuing COVID-19 pandemic, the USPTO recently announced a further extension of time for the filing of various patent-related documents and payment of certain fees. While this latest extension is automatically available for patent applicants that qualify for small or micro entity status, relief is provided to large entity filings only on a case-by-case basis. Continue Reading

LexBlog