
Intellectual Property Law
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Patent, Trademark, Copyright, Trade Secret, and other Intellectual Property Law
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How do unauthorized sellers online hurt the economy and consumers?
Learn ways to try to spot illegal product sales by unauthorized sellers online.
What are the latest developments in genetic privacy laws and what protection do they provide?
Learn about the evolution of genetic privacy laws and how Florida’s newest law raises a question about genetic data as personal property.
When is use of competitor trademarks considered trademark in infringement in PPC ads?
Learn about the key elements to plead in a PPC ad trademark infringement case in the Northern District of Texas.
How will the Buy Safe America Coalition affect online marketplaces?
Learn about the Buy Safe America Coalition and its goals for consumer protection in online marketplaces.
What are attorney-client arbitration provisions and how can they help in dispute resolution?
There are times when the use of client arbitration agreements can provide an effective and less aggressive method of dealing with potential attorney-client disputes.
What should the Washington Football Team consider in rebranding?
The Washington D.C. NFL team has made the decision to rebrand and drop the Redskins’ name. Finding a new name to adopt will entail much consideration of public opinion as well as legal options. The team has already gone through a historical saga in maintaining its previous name, so deciding on a new brand name will be interesting to see unfold.
Why should trademark assignments be recorded with the Trademark Office?
The transfer of trademark ownership should not simply end with the signing of an assignment. It is importance for new owners to file a recordation of trademark assignment with the USPTO to both provide notice of the rights to third parties and help prevent issues with third party claims.
Why should trademark license agreements include exit strategies?
Both licensors and licensees should consider inclusion of end of term strategies for trademark license agreements to help avoid unexpected issues when the agreement term ends. While both parties may want different provisions, considering the options and agreeing to terms both parties are comfortable with at the beginning will save grief and legal fees at the end.
What are YouTube copyright bots and how do they help stop copyright infringement?
Online service providers have legal requirements to prevent copyright infringement on their platforms and to take down infringing content promptly. Therefore, large companies like YouTube and Google resort to the use of automated technology such as copyright bots to help with the process.
What Is Goodwill and Why Should It Be Protected?
When considering the value of trademarks, one must look to the goodwill that has been built behind them. Goodwill is the value consumers associate with the source of specific goods and services. Therefore, in transferring trademark rights, the goodwill of the marks must be included.
Did you know you your clipboard data privacy has been compromised – or was non-existent?
A recent iOS safety feature update uncovered mobile apps copying and storing data raising concerns over mobile clipboard data privacy.
What are arbitration provisions and how can they help in business agreements?
There are times when the use of arbitration agreements can provide an advantage to resorting to litigation when business disputes arise.
What is YouTube’s content ID system and why are artists alleging copyright infringement?
Grammy winners have filed a class action lawsuit against YouTube for is content ID system claiming it unfairly works against lesser-known artists and facilitates copyright infringement on the YouTube platform.
What are ways an owner can lose trademark rights?
Two ways to lose trademark rights are through naked licensing and trademark abandonment, which hinge on the proper transfer of goodwill and proper trademark use. However, there are nuances on what is considered goodwill as well as exceptions for non-use.
How can the Booking.com trademark decision affect IP law?
The decision for allowance of Booking.com as a trademark could have an effect on trademark law, enforcement, and the protection of generic terms.
How is IBM challenging California Privacy Law in court?
After getting hit with a lawsuit for disclosures in its Weather Channel App, IBM challenges California’s stringent Privacy Law and claims overreaching.
What happened with Carole Baskin’s IP infringement claims against Joe Exotic?
The rivalry seen in Tiger King between Exotic and Baskin revealed shady behavior, and the zoo deed transfer attempt by Exotic to avoid payment of the IP judgment against him proved to be yet another such act.
Why did the Internet Archive get sued for offering free books in the national emergency library?
Many online content providers are offering special content offerings in an effort to obtain new consumers, especially now during a time when many consumers are choosing to stay at home. However, providers should take care to avoid and prevent copyright infringement issues.
How do IoT tracking devices help with supply chain management?
Some industries are thriving during the COVID-19 crisis, becoming more relevant than ever before with the use of IoT tracking devices to obtain new insight into how the virus is impacting certain industries in real-time.
The DMCA was enacted over 20 years ago, so with the change in online posting over the years, should the DMCA notice and takedown process get an update?
It may be time for Congress to update the DMCA safe harbor and notice and takedown provisions as the times have dramatically changed in online postings over the last 20 years since the Act was enacted.