Bay Oak Law

Copyright Trolls? Or an Innovative Business Model?

Certain large companies, including Getty Images, routinely send out demand letters claiming copyright infringement. However, the actual validity of alleged infringement is rarely, if ever, tested in court. Getty Images seems…more

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President Obamas State of the Union Speech

“And let’s pass a patent reform bill that allows our businesses to stay focused on innovation, not costly and needless litigation.” This single sentence appeared to be dropped into the middle of his speech, and was somewhat…more

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YogaGlo Patent Loses its Shine

There has been much controversy in the yoga community about the recent issuance of a patent to YogaGlo. The YogaGlo patent contains claims for videoing a yoga instructor teaching students, with an unobstructed line of sight…more

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YogaGlo Patent Loses its Shine

There has been much controversy in the yoga community about the recent issuance of a patent to YogaGlo. The YogaGlo patent contains claims for videoing a yoga instructor teaching students, with an unobstructed line of sight…more

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YogaGlo Patent Loses its Shine

There has been much controversy in the yoga community about the recent issuance of a patent to YogaGlo. The YogaGlo patent contains claims for videoing a yoga instructor teaching students, with an unobstructed line of sight…more

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Towersquatting (and Contributory Cybersquatting)

The cybersquatter is a parasite that benefits from an internet user’s confusion who thinks that they are accessing a popular website, when they really get something else. The US banned cybersquatting in 1999's Anticybersquatting…more

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What Could Go Wrong With a Wooden Horse?

A small software service that provides back-end software solutions for car-hire services had its data hijacked. The data included credit card numbers, pick-up and drop-off information, and client names. While actor Tom Hanks is…more

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Silicon Handshake or Hangman's Noose: The NDA's Opportunities and Risks

Nondisclosure Agreements ("NDAs") are everywhere: a Silicon Valley Don Juan had an NDA ready for every date. However, NDAs are not created equal -- what is good for the discloser is not good for the recipient. The "Silicon…more

| Antitrust & Trade Regulation, Business Torts, Intellectual Property,...

A New Ambush on At-Will Employment

A new California law called the “Wage Theft Protection Act of 2011" requires that employers give most new employees a form at the beginning of employment. The laudable intent is to give valuable transparency to employees about…more

| Business Organizations, Labor & Employment Law

The Cinderella of Intellectual Property

Law regarding trade secrets has long been seen as the ugly step-sister of intellectual property. Patents, trademarks, and copyrights have traditionally been held to be federal concerns, while trade secrets have been seen as…more

| Intellectual Property

Privacy? You Don't Got No Stinkin' Privacy!

When someone subpoenas subscriber information from an internet service provider, does the subscriber have an expectation of privacy? In California, at least, the answer seems to be: No. In People v. Stirpo, (Second District…more

| Business Torts, Criminal Law, Electronic Discovery, Intellectual...

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