Photo of Rachel Tarko Hudson

Rachel Tarko Hudson is a partner in the Intellectual Property Practice Group in the firm's San Francisco office. She is also a member of the Retail Team.

Enter for a chance to win!  Advertising lawyers are forever reminding their clients to be clear that when a promotion is a sweepstakes, messaging needs to be clear that it is a random drawing and not a giveaway.  Recently, fashion brand Draper James reminded us all why that distinction is so important.
Continue Reading Sweepstakes or Giveaway? Make Sure Your Advertising Is Clear!

The U.S. Copyright Office is making changes to the Digital Millennium Copyright Act (DMCA) safe harbor agent registration process. The changes impact both new online service providers as well as existing online service providers who have already registered an agent. Read on for details about what you will need to do.
Continue Reading Deadline Approaching: Action Required by December 31 To Avoid Losing DMCA Safe Harbor Protection

Khloe Kardashian is the latest Kardashian to find herself in court over her activities on social media. The youngest Kardashian sister was sued by a photographer for copyright infringement in Xposure Photos UK Ltd v Khloe Kardashian et al, 2:17-CV-3088 (C.D. Cal). Xposure alleges that Ms. Kardashian posted a photo it owned on her Instagram without permission and without the copyright attribution notice included on the original. For brands, celebrities, influencers, and others who use social media, particularly to make money or for promotion, this serves as a good reminder that all rights in any photographs, videos, and other content they post on social media must be cleared.
Continue Reading The Kardashians Can’t Keep up with Copyright Law

As part of a flurry of new privacy legislation, California Governor Jerry Brown signed two new data privacy bills into law on September 27, 2013: S.B. 46 amending California’s data security breach notification law and A.B. 370 regarding disclosure of “do not track” and other tracking practices in online privacy policies. Both laws will come into effect on January 1, 2014.
Continue Reading California Enacts New Data Privacy Laws

Many companies operating commercial websites and online services will likely need to update their privacy policies soon to comply with new requirements in California. After passing the Assembly and the Senate in a series of unanimous votes, A.B. 370 is now before the Governor for signature, which is expected soon.
Continue Reading California Online Tracking Disclosure Bill Heads to Governor for Signature

Following up on the new Children’s Online Privacy Protection Act (COPPA) Rule that went into effect on July 1, 2013, the Federal Trade Commission has released an updated set of FAQs to provide additional clarity and information about the new Rule. Notably, the FAQs provide further guidance on COPPA’s “actual knowledge” standard as well as regarding the newly added and revised categories of personal information included in the new Rule.
Continue Reading FTC Updates COPPA FAQs

The New York Attorney General’s Charities Bureau recently released “Five Best Practices for Transparent Cause Marketing” which contains general best practices for cause marketing campaigns, including campaigns conducted on social media.  Cause marketing, also known as commercial coventures, is the practice by a for-profit company of donating a portion of the purchase price of an item or service to a charity.  Cause marketing is becoming increasingly popular among companies looking to do good as well as to generate positive publicity for their brand.  Many states regulate cause marketing, however, New York’s Best Practices indicate that greater attention may begin to be focused on campaigns conducted using social media and other newer online platforms for giving.
Continue Reading New York AG Addresses Cause Marketing on Social Media

Pinterest has seen its number of daily visitors increase by 145 percent since the beginning of 2012, now counting 11 million users on its site, according to recent reports. It is a powerful social media tool by any standard, however, in recent months, with its meteoric rise, concerns have also surfaced about potential copyright issues. Needless to say, companies are clamoring to gain access to this vast and ever increasing pool of users, but they should (and can) proceed with caution in order to stay on the right side of the copyright issues.
Continue Reading Companies Using Pinterest, Be Careful Not to Get Pricked