July 08, 2020 Articles

Four Privacy Law Considerations for Trademark Counsel

Some data privacy laws interfere with trademark counsel’s ability to investigate infringement and enforce marks.

By Tara Aaron-Stelluto

New legislation on privacy and data protection is sweeping the nation. From California to Illinois to Vermont, states are passing or considering laws related to data protection, breach notification, uses of artificial intelligence, and regulations on the data brokerage business. At the same time, breaches are a daily occurrence, and many consumers feel it is harder and harder to control their data and maintain any online privacy at all. It may seem obvious that trademark counsel should be concerned with their companies’ data protection policies. Many businesses have already experienced a loss of consumer trust and brand goodwill after headline-making data losses. But a review of the privacy laws and regulations around the country and around the world, and the effects that they have had in some unexpected areas, reveals that there is more to the story.

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