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What the SCOTUS Sales Tax Ruling Really Means

what the SCOTUS sales tax ruling really means spear ip fashion law internet law

Last week (specifically, on Thursday, June 21, 2018), the Supreme Court ruled on a South Dakota law relating to the collection of sales tax for online purchases. Cue a frenzy of brands and online retailers trying to decipher what this SCOTUS sales tax ruling really means. Here’s a breakdown of the decision.

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Client Query: How Do I Know If the GDPR Applies to Me?

You’ve noticed it, right? You’ve gotten bombarded with emails from all of the different services that you use. Pinterest, Etsy, GoDaddy, Instagram, Slack…they’re all updating their terms of service to reflect new privacy practices. But why? If you’re any sort of online entrepreneur, you know the answer. It’s the General Data Protection Regulation (or “GDPR”) coming out of the EU, set to go into effect on May 25, 2018. The GDPR is a new set of standards established by the European Union and mandates certain privacy practices. So, should you be worried about it? Depends. Here, you’ll find some info on who the GDPR applies to, what it covers, and (generally speaking!) some best practices for compliance.

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People Are “Total-ly” Suing Amazon for Counterfeit Eclipse Glasses

People are Suing Amazon for Counterfeit Eclipse Glasses

Those of you in the Nashville, Tennessee area remember the total eclipse that occurred last week. For two blissful minutes (or eerie minutes, depending on your perspective), the sun disappeared, the birds stopped chirping while the cicadas started, and there was a sunset on every horizon. After a flurry of “eye-popping” prices for eclipse glasses, some unscrupulous vendors began peddling counterfeit glasses — glasses that would not protect your eyeballs from the wonders of science. But is Amazon truly at fault?

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Client Query: A Celebrity Is Wearing My Brand

a celebrity is wearing my brand

“Client Query” is a brief segment in which a common client question is broken down and answered. This month, Spear IP tackles that “OMG” moment… “A celebrity is wearing my brand!”

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Contest Rules, Social Media, and the Law

Contest Rules Social Media and the Law

You’ve seen them so often that you don’t even pay attention to the rules. “Tag a friend in the comments to enter!” “Share this photo to enter!” But, like all contests and sweepstakes, contests that take place on social media are often governed by very specific rules. How many social media contests or promotions have you run or participated in that do not follow the rules?

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Proper Use of Client Materials in Marketing

Proper Use of Client Materials in Marketing

The ability for a client to view your portfolio is of utmost importance in client-facing industries. (Looking at you, event planning, graphic design, web design, and photography). One often assumes that she has free reign in posting clients’ projects for all to see. But, that is not necessarily the case. This post touches on some legal hurdles that apply to the proper use of client materials and the “quick fixes” that might save you from legal headaches when marketing your business.

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The Law & Email Marketing Compliance

Email Marketing Compliance and the law

Email marketing is nothing new. Services like MailChimp and Emma have been around since the early 2000s. What else came to us in the early 2000s? The CAN-SPAM Act, which lays out some important do’s and don’ts when it comes to email marketing compliance.

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COPPA & Making An App For Kids

Making An App For Kids

Making a website or app can take a tremendous amount of time, planning, and skill. But making an app for kids adds another layer — compliance. What is COPPA? And what are the extra steps in maintaining a website or making an app for kids?

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IP Planning For A New Business

IP Planning For A New Business

You’re starting a new biz. Congratulations! No doubt you’ve spent time figuring out your logo, the design of your website, etc. Have you thought about your intellectual property and doing some IP planning? It seems a little chicken-before-the-egg (do you register first or launch first?). And, yes, it’s a little less “sexy” than web design. But, IP planning for a new business could be one of those things where your future self will thank you if you actually sit down and do it.

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Peeple: Legal Lessons For App & Website Providers

Legal Lessons For App & Website Providers

Peeple, an app that has yet to take on its final form, has been causing quite a stir. The Canadian company behind the app (namely, its co-founder, Julia Cordray) has touted it as “Yelp for People.” But what are the legal concerns surrounding an app or website platform that can be used for negative purposes such as cyber-bullying and defamation?

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Why Your Notice to Facebook Doesn’t Work: A Lesson in Terms of Use

A Lesson in Terms of Use

Facebook, the world’s most popular (and populated) social network, has once again been buzzing with status updates where users declare their rights against Facebook and tell it what it can and can’t do with that user’s content. Sorry to be the bearer of bad news, but these status updates mean nothing. Why?

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