Every company should expect that at some point it will experience a data breach. Whether as a result of hackers, disgruntled employees, or careless acts such as losing an unencrypted phone or laptop, data breaches may subject...more
3/26/2019
/ Best Practices ,
Board of Directors ,
Chief Information Officers (CIO) ,
Corporate Governance ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Internal Controls ,
Popular ,
Risk Management
On March 4, 2019, the United States Supreme Court held that, with certain exceptions, a copyright owner must obtain a copyright registration certificate from the Copyright Office before filing a copyright infringement suit....more
3/5/2019
/ Appeals ,
Copyright ,
Copyright Infringement ,
Copyright Registration ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
Petition for Writ of Certiorari ,
SCOTUS ,
Solicitor General ,
Split of Authority ,
The Copyright Act ,
Uniformity
In an interesting case pending before the TTAB, law students from the Suffolk University IP and Entrepreneurship Clinic have opposed an application filed by United Trademark Holdings, Inc. to register RAPUNZEL as a trademark...more
2/4/2019
/ Children's Toys ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Law Students ,
Motion to Dismiss ,
Public Domain ,
Real Party in Interest ,
Standing ,
Trademark Application ,
Trademark Opposition Proceedings ,
Trademark Ownership ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks
Start-up companies know that, when potential investors kick the tires, they will look carefully at the company’s business model and IP portfolio. These days, investors are also likely to look at whether the company is in...more
1/23/2019
/ Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Breach Plans ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Storage ,
Encryption ,
Investors ,
Personal Data ,
Popular ,
Sensitive Business Information ,
Startups ,
Vendors
When I heard that the Girl Scouts of the United States of America filed a lawsuit against the Boy Scouts of America last week, I was fascinated. As a former Girl Scout and troop leader myself, who also happens to practice...more
The National Geographic Society is an interesting organization. Since 1888, it has published the iconic magazine National Geographic, recognizable to many by the trademark yellow border on the cover page. And yes, that border...more
If you needed another reason to take action against a third party using your trademark – and you shouldn’t need another reason – consider the Red Hen restaurant. Which Red Hen? That’s the point....more
I never paid a lot of attention to Flag Day, until the year that my daughter was born on June 14. Now Flag Day is a special day for our family, and of course there is a lot of flag waving on Independence Day which comes hot...more
Are you sick and tired of the Christmas spirit? Apparently, you are not alone. Meet Matthew Lombardo, the author of a comedic play called Who’s Holiday! Billed as “the show Dr. Seuss doesn’t want you to see,” Who’s...more
This summer, I was lucky enough to vacation with family and friends in Venice, Italy. Highlights included seeing the traditional city sights, riding around the canals in a gondola, seeing glass being blown on the Island of...more
I have often called my friend and colleague, Dave Kluft, the master of opposition research. When we have a trademark case together, he can be counted upon to think deeply about our adversaries, see the world through their...more
As I turn 50 years old this week, I can’t help but think of the famous Happy Birthday song and the class action that resulted in its entering the public domain earlier this year. The class action plaintiffs in that case...more
August 25, 2016 marks the 100th birthday of the National Park Service, which runs the nation’s 413 national parks. Although I am not a particularly outdoorsy person, my relatives are, so here we are on summer vacation in...more
As a leader of a start-up company, you are probably aware of the importance of protecting your company’s innovative products, services and technologies through patent filings. If you are savvy, you are also aware of the...more
9/28/2015
/ Copyright ,
Copyright Infringement ,
Copyright Registration ,
Corporate Branding ,
Fair Use ,
Independent Contractors ,
Intellectual Property Protection ,
IP Assignment Agreements ,
Public Domain ,
Startups ,
The Copyright Act ,
Third-Party ,
Trademarks ,
Work-For-Hire ,
Young Lawyers
Most innovative start-up companies appreciate that a sound patent strategy is critical to success in the marketplace, and in making the company attractive to investors and future acquirers. But they overlook the importance of...more
This volume summarizes related bodies of law – false advertising, commercial disparagement, and defamation – that govern the conduct of business communications. It sets forth elements, damages, and related defenses for each...more
October is Pro Bono Month in many states, including Massachusetts, New York, Michigan, New Hampshire, Maine, Rhode Island, Indiana, Tennessee, and Alabama. The ABA has created an annual weeklong National Pro Bono...more
In an interesting precedential decision, the Trademark Trial and Appeal Board (TTAB) canceled a registration for FLANAX despite the fact that the petitioner, Bayer Consumer Care AG, did not use FLANAX in the United States,...more
Last week, Taco Bell released a TV commercial featuring real men named Ronald McDonald enjoying Taco Bell’s new breakfast items. This is very creative advertising, but is not for the faint of heart. Using a competitor’s...more
The start of a new year is a great time to take stock of where your company’s business has been and where it is headed. If you have not done a trademark audit within the last few years, here are five good reasons why you...more