Polsinelli Podcasts - Be Careful What you Put in Writing - What Companies Need to Know About Document Retention
Jail Time for Revenge Porn Offenses?
FCPA Compliance and Ethics Report-Episode 3-Interview with Marie Patterson, Vice President of Marketing for Hiperos
What you need to know about Canada's new Anti-Spam Law (CASL)
Why Ending FCC Blackout Rules May Be Broadcast TV's Demise
FCC Proposes New Rules On Local Wireless Siting
Data Center Networks – Interview with Jeff Moerdler, Member, Mintz Levin
What to expect from FCC Post-Governement Shutdown
Employer Social Media Policies – Interview with Mitch Danzig, Member, Member, Mintz Levin
Jason Maloni on Data Security
JOBS Act Implementation Regulations
Ernest DelBuono on Aviation
Jack Deschauer on Government Investigations
Polsinelli Podcast - Public Policy Issues in 2013
Condo Adviser: Condominium Rules and Enforcement
Condo Adviser: What is 'FHA approved,' exactly?
Condo Owners and Dealing with Uncooperative Management Companies
Reserve Funds: Purposes and Common Mistakes
Instapundit: America's IP Laws Need to be "Pruned Back"
Polsinelli Podcast - Social Media at Work - What's Allowed and What Isn't?
The US Patent and Trademark Office (USPTO) is currently considering a proposal to allow amendments to the identifications of goods/services in a trademark registration because of technological changes in how the...more
While our last post dealt with the creation of photographs and other works of authorship by primates, robots and divine beings, this story is a little more grounded in facts that you might see in the average work...more
The 2013-14 term of the Supreme Court ended with multiple decisions on intellectual property issues.
Over the past few months, the Court issued a number of patent law related opinions covering ground from claim...more
There are a variety of laws dealing with the protection of intellectual property (IP) in Australia. These laws provide for the creation of legal rights to the exclusive use or ownership of...more
We truly live in an amazing time, where nearly any person with access to a computer can obtain a nearly infinite amount of knowledge, create and distribute ideas and works of art to the entire world. Also, there are lots of...more
A federal district court broke new social media law ground in August 2014 when it held in favor of the cable network Black Entertainment Television (BET) in a suit brought by the founder of an unofficial Facebook fan page for...more
Last week, Judge Alvin Hellerstein of the Southern District of New York issued his opinion Fox News v. TVEyes. Fox News claimed that TVEyes’ media monitoring service was copyright infringement. TVEyes argued that it was fair...more
In the past lawyers for multiple small companies have accused search engine giant Google Inc. of stealing and profiting from their clients’ trade secrets. In the case of VSL Communications, their lawyers claim that Google did...more
Protection Mechanisms in the United States.
After selecting your mark, the next step is to decide how to protect it. In the United States, there are three basic types of trademark protection: (1) common-law, (2) state...more
What a Trademark is and What it Does.
A trademark is any word, name, symbol, or device, or combination thereof, used to identify and distinguish the goods (i.e., products) of one supplier from those of others. A...more
When making an advertisement, what is okay?
• Identifying a competitor’s product in the advertisement to make a true comparison
• Making a true statement about your product or a competitor’s product that is...more
I. Determining the Strength of Your Mark.
The strength, or scope, of a trademark as used in the marketplace is determined by a multi-factored analysis called the likelihood of confusion test, and the scope can differ...more
On June 18, 2014, Python Safety, Inc. (“Python”), of Woodstock, GA filed a complaint against Ty-Flot, Inc. (“Ty-Flot”), of Manchester, NH, alleging federal trade dress infringement and unfair competition, infringement of US...more
Last month, Wikimedia (the operator of Wikipedia) again refused the request of British photographer David Slater to remove a picture of a monkey from the Wikimedia Commons database of publicly available photographs....more
This past weekend one of my sons said, “Dad, I have a good blog topic for you.” After he explained, it was clear, yes, son you do! So, he sent me the photo to the left. It is one that he recently snapped at a place that sells...more
..Disappearing ink. Facebook is testing, for a small group of users, a feature that will permit a user to schedule a post for automatic deletion after a specified period of time. It seems that the period can range from an...more
Over the last week, several high profile celebrities (e.g., Jennifer Lawrence and Kate Upton) have reportedly become the latest victims of internet privacy rights violations. In those cases, hackers supposedly obtained...more
The Alice Guidance lists four example categories of abstract ideas:
- fundamental economic practices
- methods of organizing human activities
- an idea of itself (sic), and
If you are looking for answers to copyright questions, the Copyright Office’s newly issued 1,222-page “Compendium of U.S. Copyright Office Practices” might seem like a good resource. The book, issued on August 19, 2014, to...more
Lawsuit panned by Court. The popular ratings app Yelp has been cleared by a federal appeals court of allegations in a class action lawsuit that the company extorted advertising dollars from businesses by threatening to remove...more
Following on from the Advocate General’s opinion in the case of Johan Deckmyn [C-201/13], the Court of Justice of the European Union (CJEU) handed down its full judgment in the case on 3rd September 2014. The ruling confirms...more
Continuing our primate theme for this month's newsletter, we thought this would be as good a time as any to remind our readers as to the important distinction between copyrighted artistic works, and use of elements from those...more
With the NFL season in full swing and my fantasy football league thus far undefeated, as well as some really interesting tech stuff on fashion week, I really wanted to focus on something fascinating and fun on this...more
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more
In Lexmark Int’l, Inc. v. Static Control Components, Inc. (March 25, 2014), the Supreme Court unanimously held that "to invoke the Lanham Act’s cause of action for false advertising, a plaintiff must plead (and ultimately...more
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