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 [...]

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 [...]

SOURCE CODE ESCROW FOR SAAS – FRIEND OR FOE?

Source code escrows have always been a bit of a strange beast. Though, the idea is simple enough: if there is a vendor meltdown for mission critical software, then the licensee gets a delivery of the source code in order to [...]

ANHEUSER-BUSCH STUMBLES OVER USER-GENERATED CONTENT

Much of the Internet is filled with user-generated content. In order to use that content, companies need to receive sufficient rights from the owner of that content. In that regard, based on a recent complaint, Anheuser-Busch may [...]

A WEAPONIZED TWEET FOLLOWED BY AN ARREST

What is the power of a tweet? As we see from President Trump’s use of Twitter, a short tweet can rock the world. Well, now, a man has been arrested last Friday, March 17th, in Maryland and charged with a crime arising from [...]

WHAT TYPES OF LAWYERS SHOULD TECHNOLOGY COMPANIES BE USING?

I frequently get asked about what types of lawyers technology companies should be using, and to make referral recommendations when appropriate. Well, as you would expect from a lawyer, the answer is “it depends.” It depends upon [...]

WHAT YOU NEED TO KNOW BEFORE LAUNCHING YOUR SOCIAL MEDIA PROMOTION

Running a contest or sweepstakes (both are generally are referred to as promotions) via social media is great way to increase interest and traffic and to collect valuable user information that can be used for marketing and [...]

DON’T PROHIBIT BAD CUSTOMER REVIEWS – It’s now illegal

The federal Consumer Review Fairness Act of 2016 goes into effect on March 14, 2017. This law prohibits any agreement that restricts consumers from posting negative reviews online.

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