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9 Top Trade Secrets You Need to Protect Now

In practice, a trade secret can be pretty much anything. The federal Trade Secrets Act, 18 U.S. Code § 1839(3), defines a “trade secret” as...more

How Strong is Your Trademark? 5 Levels of Distinctiveness [Infographic]

Picking a mark to represent your brand can be one of the most important decisions you make. Think about the brands we see everyday. Apple. Coca Cola. Microsoft. These are immediately identifiable both with the company and the...more

Lessons in Trademarking Trade Dress: Apple vs. Samsung

The long-running legal battle between Samsung and Apple over the shape of their respective smart phones provides some interesting lessons regarding trade dress law and how common law trade dress rights work...more

10 Data Security Management Tips to Prevent a Data Breach

You may never suffer a data breach, but that doesn’t mean you shouldn’t know how to prevent one. With the number and severity of data breaches rising every year, it is clear that all of us, from the biggest to the...more

Avoiding Data Breaches: Lessons From Regulations

In January of 2017, an amendment to the Federal Acquisitions Regulation (“FAR”) went into effect related to protecting private personal information and requiring privacy training for all federal government contractors. The...more

Yes, Your Business Needs a Data Protection Officer

On May 28, 2018, new data protections laws and regulations go into effect for the European Union (“EU”). The new regulations are called the General Data Protection Regulation (“GDPR”)....more

Oil States Energy and SAS Institute: SCOTUS to Review Inter Partes Reviews

As we recently discussed with respect to the proposed STRONGER Patents Act of 2017, legal debate continues to swirl around inter partes reviews. The US Supreme Court has entered the ring recently by accepting certiorari on...more

Importing Products From China: Beware FCC Regulations

There are many startup and already successful e-commerce entrepreneurs who are importing products from China and then make good profits by re-selling them on Amazon and/or on similar online sales platforms....more

2017 Security Breaches: Frequency and Severity on the Rise (Updated)

We periodically update this post with recent data breach statistics. Now that we’re into the final quarter of 2017, it’s time to look back at the largest data breaches of 2017. This was originally published in December,...more

Trademark Genericide: How To Protect Your Brand

Xerox, aspirin, thermos, and hoover were all once trademarks that lost their protected status because their names became generic. Most recently, Google’s trademark status was challenged unsuccessfully....more

FTC Issues Revised Online Endorsement Guidelines

As many know, the Federal Trade Commission (“FTC”) regulates unfair and deceptive business practices including such practices on the internet. One of the more vexing recent issues has been business use of “consumer” reviews,...more

SIM Swap Scams Targeting Cryptocurrency Investors

SIM swap scams are nothing new. Telecommunications providers such as Verizon, AT&T, T-Mobile, and Sprint have been aware for over ten years that unauthorized third parties regularly attempt to obtain access to customer...more

Deceptive Business Practices & The FTC Act

Businesses that engage in deceptive and unfair internet practices are subject to injunctions and large monetary damage awards under the Federal Trade Commission Act (“FTC Act”). Just as importantly, the owners and principals...more

The FTC Case against EquiFax Inc.

In early September of 2017, it was reported that Equifax Inc., one of the country’s three leading credit reporting services, was subject to a cyberattack that resulted in the access by the hackers of financial and personal...more

Stronger Patents Act: 5 Significant Proposed Changes to Inter Partes Reviews

Recently, Senator Christopher Coons (D-Del) introduced the STRONGER Patents Act of 2017. So far, this is the only legislation introduced in this Congress addressing any sort of patent reform. The proposal would significantly...more

Tips for Avoiding Disparagement of a Competitor

In the broadest sense, commercial disparagement involves advertising or other public statement including false or misleading information about a business that discourages consumers from buying from or dealing with that...more

Generating Business Isn’t Rocket Science. It Just Takes Work.

Over the last five years, I have generated millions of dollars in business for our firm from a remote location in northern Michigan with a poor legal economy. This is not an exaggeration—I just ran the report through our...more

Five Steps to Respond to Revenge Porn

A friend calls and tells you that there are nude photos of you online and they’re pretty sure you didn’t post them. You go to the website they tell you and sure enough, there they are – pictures you once shared with someone...more

How Can a Startup Monetize its IP Assets?

Intellectual property (IP) rights are valuable assets and startup companies need sophisticated legal and business strategies for monetizing these IP assets. The basic IP inventory for startup companies contains...more

Intellectual Property Primer for Startups

Many startup companies do not realize that their intellectual property (IP) rights are often their most valuable asset. Few startups have portfolios of real property or vast quantities of retail inventory and other physical...more

General Data Protection Regulation

Ever since people have started putting information on social media, in the protection of companies, or on their own protected online server, there have been groups of people who attempt to hack this information and use it...more

Why Updating The Electronic Communications Privacy Act Poses Difficulties

The privacy of electronic communications is provided for under the Electronic Communications Privacy Act. There are limited circumstances in which ISPs may disclose the contents of electronic and stored digital...more

2017 Security Breaches: Frequency and Severity on the Rise

We are only six months into 2017, and we can already tell that it is going to be a bumper year with regard to instances of data security breaches. Looking back at the hacking statistics from 2015 and 2016, we should not be...more

The Importance of Non-Compete Agreements

It is a common business practice for employers to require their employees to sign a non-compete agreement as part of the terms of their employment. Use of non-compete agreements are a particularly popular practice in...more

Grounds for Cancelling a Trademark

How does one go about cancelling a trademark? Once a trademark is federally registered, there are two main ways in which it can be “unregistered”: abandonment and cancellation. Cancellation proceedings are similar to...more

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