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COMPLETE VOLUME 35, ISSUE 2 Complete Issue FRONT MATTER Front Matter ARTICLES Affinity Profiling and Discrimination by Association in Online Behavioral Advertising by Sandra Wachter The User, the Superuser, and the Regulator: Functional Separation of Powers and the Plurality of the State in Cyber by Eldar Haber & Anon Reichman ...

Complete and attach this cover sheet when submitting: 2021 Writing Competition Sheet  

By Pierre Barthélemy, LL.M. Candidate, 2021 In Romag Fasteners, Incorporated v. Fossil Group, Incorporated, the U.S. Supreme Court held that a plaintiff does not need to demonstrate a defendant’s willfulness as a prerequisite to obtain a profits award for a trademark infringement claim. Romag Fasteners, Inc., (“Romag”) brought an action ...

by Charlize Morgan, LL.M. Candidate, 2020 The Supreme Court held in an 8-1 decision, delivered by the late Justice Ginsburg, that the combination of a generic word and “.com” may be eligible for federal trademark registration. The Court ruled “generic.com” marks are only generic and ineligible for protection when consumers ...

Hosts Matt Sardo ’23, Ibrahim Hinds ’23, and Ximena Velazquez-Arenas ’23 cover the increasing privacy concerns surrounding COVID-19 tracing apps, Senate hearings with Facebook’s Mark Zuckerberg and Twitter’s Jack Dorsey, and the Federal Aviation Authority’s clearance of Boeing’s 737 MAX to resume flights in the U.S.     [Matt] You’re ...

by Wyatt Larkin, J.D. Candidate, 2023 The Ninth Circuit’s April ruling in the nearly decade-old class action case In re Facebook, Incorporated Internet Tracking Litigation illustrates a number of tensions in the rapidly changing field of consumer privacy law. While the case reaffirms defenses commonly relied upon by companies performing ...

Hosts Kavya Dasari ’23, Meg Sullivan ’23, and Jonathan Baer ’23 cover Zoom’s recent settlement with the FTC, an antitrust case against Amazon in the EU, and the Department of Justice’s challenge of Visa’s Acquisition of Plaid, a fintech start-up. [Kavya] You’re listening to the Berkeley Technology Law Journal Podcast. I’m ...

by Blaine Manire, J.D. Candidate, 2023 In TikTok Incorporated v. Trump, the U.S. District Court for the District of Columbia granted a preliminary injunction blocking enforcement of Executive Order (EO) 13942, which banned TikTok from use within the United States. TikTok is a Chinese-owned video-sharing application that allows users to ...

    [Ximena] You’re listening to the Berkeley Technology Law Journal Podcast. Here are some headlines about what’s been happening This Week in Tech Law. I’m Ximena Velazquez-Arenas. [Diming] And I’m Diming Xu. Today we’ll be covering the Department of Justice’s antitrust suit against Google, Uber’s response to California’s Proposition ...

Hosts Allan Holder ’21 and Kavya Dasari ’23 follow up on our coverage of Epic Games’ antitrust suit against Apple, and cover recent developments regarding Section 230 of the Communications Decency Act, a privacy lawsuit filed against the San Francisco Police Department, and a joint statement by an international coalition of ...