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Recent Articles from James Astrachan
The Taco Tuesday tussle
Some fast food trademarks make me hungry. Taco Bell’s recent fight with Taco John’s over Taco Tuesday® did so. But trademark battles between two fast food chains aside, I thought […]
Impurities in the AI engine’s gas tank
The European Union respects data privacy; the United States does not. The Wall Street Journal’s report that E.U. regulators fined Meta, Facebook’s parent, $1.3 billion for privacy violations struck a […]
Md. gun law won’t pass constitutional muster
Interpretations of U.S. Constitution by various courts, including the U.S. Supreme Court, are not always received with joy. We should all agree, however, that once interpreted by the highest court, […]
Do you know what your data is doing?
Your personal data is collected by sophisticated vendors with whom you do business and is being used to target you for more purchases.
All sort of issues with artificial intelligence
“AI is the next revolution … there is no going back.” — M. Werneck, executive vice president, The Kraft Heinz Company. Not all revolutions benefit humanity. Tech luminaries Elon Musk […]
Florida legislative proposals are an assault on the news media
New York Times v. Sullivan. It was a landmark Supreme Court decision holding that the First Amendment limits the right of public officials to sue media for defamation; to successfully […]
Hermés: Protect the trademark or the art?
In the first trial involving non-fungible tokens, or NFTs, trademark rights and a First Amendment defense, a jury in New York City earlier this month found an artist had violated […]
Noncompete agreements and the FTC proposal
Noncompete agreements are regularly used by businesses to prevent employees, after they leave their employment, from interfering with the employer’s business. This can mean not soliciting clients for whom the […]
The least of Ye’s troubles
The rapper formerly known as Kanye West is in a dump truckload of trouble for, among other things, his display of a “White Lives Matter” T-shirt. The slogan’s so-called owners […]
Can the gun industry be saved from itself?
In October 2005, then-President George W. Bush signed a bill that immunized the gun industry from suit. He remarked that the bill, called the Protection of Lawful Commerce in Arms […]
The First Amendment and social media
The Texas Legislature enacted HB 20, a gobsmacking law, in September 2021, declaring social media platforms and interactive computer services to be “common carriers,” charged, as the bill reads, with […]
Irreparable harm and the quest for trademark injunctive relief
The recently enacted Trademark Modernization Act will help trademark owners enforce and preserve their rights against infringement. Remedies for infringement of a trademark includes monetary damages to compensate the mark’s […]
