OF TRADEMARKS AND OBSCENITIES

I don’t like obscenities, and I don’t speak obscenities, but the right to use obscenities hits on a fundamental right that Americans hold dear. 

As background, first came the US Supreme Court decision in June 2017 in Matal v. Tam [...]

THE END OF WHOIS AS WE KNOW IT

WHOIS is lining up to be the first victim of the General Data Protection Regulation (GDPR). It may soon be no more. 

The Internet Corporation for the Assigned Names and Numbers (ICANN) is the international non-profit organization [...]

YOUR COPYRIGHT CAN BE ASSIGNED WITHOUT YOUR KNOWLEDGE??

It’s black letter U.S. copyright law that an assignment of copyright must be in writing.  Section 204(a) of the Copyright Act provides that “a transfer of copyright ownership, other than by operation of law, is not valid unless [...]

WHEN EMAIL THREADS CAN BECOME BINDING CONTRACTS

It is important to be aware of how easy it is to unintentionally create a binding contract when communicating by email.

Email communications are the most common form of business communication. A large and critical portion of [...]

GUIDE TO NEGOTIATING AN IP INFRINGEMENT INDEMNITY CLAUSE

If you are a vendor of software, online (SaaS) services, content of any kind, or anything else that can be the subject of an intellectual property infringement claim, then sooner or later (probably sooner), your customers will [...]

HOW TO PREPARE YOUR EMPLOYEE SOCIAL MEDIA POLICY

Social media is ubiquitous. Perhaps this is an understatement. Social media provides a powerful platform to express personal, political and, yes, commercial messages. So, if you are not seriously leveraging social media to market [...]

THE NET NEUTRALITY CONTROVERSY DE-MYSTIFIED

There has been a lot of dust kicked up lately in the public sphere around the impending rollback by the Federal Communications Commission (FCC) of the net neutrality regulations. Mixed in this dust is a lot of misinformation and [...]

THE NECESSITY OF HAVING AN EMPLOYEE SOCIAL MEDIA USE POLICY or “Boy, that was one rough week for social media, employees and the President!”

It’s a fact of life. Employees use social media. This use can be both personal and for business. Sometimes the line between the two usages can be blurred. However, either use can impact your business – at times substantially, as [...]

"Work Made for Hire" language poses a little known trap for the unwary in California Independent Contractor Agreements

Independent Contractor Agreements will almost always contain an IP ownership section that provides that the services are a "work made for hire" under the U.S. Copyright Act. This magic language vests copyright ownership in the [...]

HOW TO “LEGALLY” MANAGE NEGATIVE CUSTOMER REVIEWS

You invest a lot of time, resources and money developing, operating and marketing your business, and building your good reputation in the market. Then someone, likely a disgruntled customer, posts a very negative review. You may [...]

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