Showing 34 posts from 2011.
Proposed Legislation Would Ban Unsolicited Text Messages
Cellular phones continue to play an increasing role in our daily lives, allowing us to stay "connected" 24/7. That "connectivity", however, blurs and erodes the traditional notions of privacy in an individual's daily life. Now, your boss, email, customers, and friends are never more than a button's push away. Read More ›
Categories: E-Commerce, Privacy
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Defensive Registration of .XXX Domain Names
Earlier this year, the Internet Corporation for Assigned Names and Numbers (ICANN), the body responsible for managing top-level domain name spaces (e.g., .com, .org, .edu and .gov), approved .xxx as a new top-level domain name space. .xxx top-level domain names are intended for adult content. However, as noted in a prior posting, the .xxx top-level domain could result in unwanted affiliation between your brand and the adult entertainment industry or create an opportunity for brandjackers to register "www.YourCompany.xxx." Read More ›
Categories: Domain Name Registration, Intellectual Property, Trademarks
Intellectual Property: The Basics and Your Business
What is "intellectual property" and why should it matter to your business? At the most basic level, "intellectual property" is one of an organization's most valuable assets. Intellectual property frequently differentiates extraordinary companies from "average" organizations. For that reason, IP must be zealously protected. IP breaks down into four areas: patents, trademarks, copyrights, and trade secrets. Read More ›
Categories: Copyright, Intellectual Property, Patents, Trade Secrets, Trademarks
The Basics: Trademark Infringement
Trademark infringement is a reoccurring problem for many businesses. Recently, Apple, Inc. was denied an injunction prohibiting Amazon.com from using its mark: "App Store." Amazon.com utilized the name "Amazon Appstore for Android." Despite similarities between the parties' marks and services, the court found that a likelihood of confusion did not exist and Amazon.com did not infringe on Apple's mark.
With that in mind, let's take a look at the basic elements regarding trademark infringement. Read More ›
Categories: Trademarks
Barbie vs. Bratz: The Tirade of a Trade Secret
Let's take a look at a common scenario. An employee named Ted leaves a company, let's say "Company A," and goes to work for another company in the same industry – "Company B." While employed by Company A, Ted worked on key projects and had access to and developed many new and creative concepts. When Ted joins Company B, he implements many of the new and creative concepts he helped develop while working for Company A. Company B later commercializes some of these concepts developed and brought over by Ted. Company A then sues Company B, claiming misappropriation of trade secrets. A trade secret, of course, is any information that has economic value because it is not generally known to the public and is subject to efforts to keep the information secret. This scenario is common - the characters in the real life saga of Mattel v MGA Entertainment are not. Read More ›
Categories: Employment, Intellectual Property, Trade Secrets
Trademark Infringement By A Competing Website? Take Action Now.
Recently, I received a phone call from a client asking for advice on a reoccurring issue. The client asked: “Do I have legal recourse against a competing website that is utilizing my trademark in its domain name?”
The short answer is yes, but let's look at the reasons why.
Simply put, a domain name is a Web site's unique address on the Internet. It can be used to identify organizations and other entities on the Web (e.g., http://www.nike.com/us/en_us/). Like any other advertising message, signage, or other communication, a domain name can infringe upon a trademark. However, a claim of trademark infringement involves more than simply proving that your trademark is being used in another’s domain name. Read More ›
Categories: Intellectual Property, Trademarks
Sales Tax And The Internet Marketplace
The applicability of sales tax in Internet transactions is in the spotlight and one of the most contentious issues in the state tax arena. With states strapped for cash, some legislatures are focusing on a perceived subsidy that benefits Internet retailers to the detriment of "brick-and-mortar" retailers. Case and point, when you travel to the mall and buy the latest Harry Potter book, sales tax will be charged. However, order that same book via an Internet retailer, such as Amazon.com, and no sales tax is charged. So what gives? Read More ›
Categories: Cloud Computing, Tax
Update: Debt Ceiling Debate Stalls Patent Reform in the U.S. Senate
As noted in a previous posting, on June 23, 2011, the America Invents Act (H.R. 1249) passed the U.S. House of Representatives. The U.S. Senate approved a similar bill in March (S. 23). However, since the bills were not identical, the issue of patent reform must go before the U.S. Senate again. But what are the chances of that happening anytime soon? Read More ›
Categories: Intellectual Property, Patents
EHR Incentive Program Updates
According to the Centers for Medicare & Medicaid Services ("CMS"), CMS has already paid $75 million to health care providers for meaningful use of electronic health records ("EHR") since the first incentive payments began in mid-May, 2011. This number is only expected to rise as physicians and hospitals have until the end of 2012 to attest to "meaningful use" of EHR and become entitled to receive the maximum amounts over a five-year period. Read More ›
Categories: News
Patent Reform Bill Passes House
The America Invents Act recently passed the US House of Representatives by a vote of 304-117. A similar bill was approved 95-5 in the Senate in March. President Obama has pledged that he would sign a patent reform bill once it reaches his desk. Therefore, it appears that it is only a matter of time before it is sent to the President to be signed into law. Read More ›
Categories: Intellectual Property, Patents, Trademarks
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