Tara Aaron-Stelluto publishes “Four Privacy Law Considerations for Trademark Counsel” with the American Bar Association, Intellectual Property Litigation Committee. The article explores the reputational suffered by companies after data breaches, the challenges posed by emerging data protection laws to trademark investigations, and how trademark counsel can and should be involved in data security discussions at the executive level. Privacy and data protection laws are sweeping the nation and the world and compliance with the varied and sometimes conflicting laws will be a discussion in C-suites for years to come. Since this article was written, the Attorney General of California has begun enforcing the California Consumer Protection Act and the EU Court of Justice ended the EU-US Privacy Shield arrangement. There are new developments in the data protection field nearly every day. This article explores many of the basic principles so that trademark counsel can sharpen their issue-spotting ability while not getting overwhelmed by the details and the changes in the privacy and data protection landscape
Tara’s practice regularly takes her to the intersection of trademark and privacy law, and she uses her knowledge and experience in both areas to serve the International Trademark Association on its Data Protection Committee. There, she serves on the subcommittee working to help governments draft new legislation that protects personal information while allowing brand owners to enforce their rights and investigate counterfeit activities. Tara also regularly prosecutes and licenses trademarks, creates software and technology licensing agreements, data protection and vendor security agreements, and counsels clients about protecting their intellectual property assets about complying with data protection laws. Tara was pleased to work with the American Bar Association to deliver this article to its members across the country.