A trademark or service mark is any word, name, phrase, symbol, device and/or design that serves as a source identifier.
Trademark Owners Beware – Take a Closer Look at the “Official” Notice
September 16, 2013
Registering a trademark or service mark with the United States Patent and Trademark Office requires a hefty investment of resources. On average, the registration process takes 18 months and the legal fees involved are anything but nominal. But like any good investment, the return can be great.
How to Deal with a “Patent Troll”
April 30, 2013
The story always sounds the same. Our client receives a letter from a purported patent owner alleging that he is infringing the owner’s patent and, as a result, owes the patent owner a license fee. Sometimes the license fee is minimal other times it is exorbitant. Typically, the letter outlines the patents involved utilizing technical language to describe the underlying process, product, or technology. The letter always closes with the same threat: pay up or see you in court.
Managing the IT Transition in Mergers, Acquisitions, and Divestitures.
August 3, 2012
Successfully completing a major transaction such as a merger, acquisition, or divestiture is a tall order. Integrating information technology issues and involving the respective information technology departments is a vitally important aspect of any deal.
An FTC Violation in One Hundred and Forty Characters (or Less)
December 28, 2011
There are approximately 800 million people on Facebook. Twitter has about 200 million account holders. Add in all of the bloggers and it becomes crystal clear that social media is more than just a fad. Social media is being used worldwide to connect old acquaintances, make business referrals, and market and advertise products and services. Chances are a vast majority of your employees, customers, potential customers, and competitors access a social media site on a daily basis. Social media is quickly becoming a preferred way for businesses to tout products and services.
The Benefits (and Drawbacks) of Cloud Computing
July 29, 2011
Lately cloud computing has been garnering notoriety as more and more businesses take advantage of its various benefits. According to Webopedia, cloud computing is a type of computing that relies on sharing computing resources rather than using local servers or personal devices to handle applications. Cloud computing allows a business to outsource many applications historically maintained on the company’s own hardware.
iCloud v. Apple
June 28, 2011
A common misconception shared by many of our clients is that in order to have a trademark they must have a registration with the United States Patent and Trademark Office. Our clients are often surprised when we tell them that in fact you have trademark rights from the moment you begin using the trademark in commerce (provided the mark is used properly and does not infringe another party’s rights).
Five Things to Consider before Moving to the Cloud
April 21, 2011
Cloud computing is a type of computing that relies on sharing computing resources rather than having local servers or personal devices to handle applications.[1] Many business are moving to the cloud because of the cost, storage, and flexibility benefits it can provide. Before jumping to the cloud, here are five things you should consider.
New Domain Names Are Coming!
February 23, 2011
The Web site domain world is about to get a lot more crowded. The Internet Corporation for Assigned Names and Numbers (ICANN) is making plans to add hundreds of new generic top level domain names (gTLDs). There are currently 21 gTLDs available, e.g., .com, .net, and .org. In addition, there are currently 270 country code top level domain names (ccTLDs). With the new gTLD program proposed by ICANN, estimates are that 500 to 1000 new gTLDs will be approved each year after the program is implemented.
Kentucky and Oklahoma First States For EHR Incentive Payments
February 1, 2011
iHealthBeat has reported that Kentucky and Oklahoma have become the first states to issue Medicaid incentive payments to health care providers who have demonstrated meaningful use of certified electronic health records. Under the 2009 federal economic stimulus package, health care providers who demonstrate “meaningful use” of electronic health records (EHRs) will qualify for incentive payments through Medicare and Medicaid.
E-mail Advertising – Making CAN-SPAM Work for You
January 13, 2011
The advent of e-mail as a primary medium of communication has forced many businesses to change the way they advertise and communicate with current and prospective customers. President George W. Bush signed the CAN-SPAM Act into law in 2003 in an attempt to regulate the use of unsolicited e-mails sent for commercial purposes. While it is no surprise to anyone, the Act did not prohibit the transmission of commercial e-mails to individuals without their permission. Rather, the Act set certain guidelines for businesses to follow when they send commercial e-mails.
Is a Software License a Sale for Purposes of the “First Sale” Doctrine?
November 23, 2010
In a recent decision by a Ninth Circuit panel of judges, the resale of packaged software via an online auction site was not protected by the “first sale” doctrine under the Copyright Act because the transaction between the software vendor and the purported reseller was a license not a sale.
Top Five Legal Mistakes Small Businesses Make
August 19, 2010
Business gurus often advise entrepreneurs that they should not be afraid to make mistakes. But, when it comes to the legal aspects of your business, not being afraid of making mistakes can lead to disastrous consequences. What are the common legal mistakes business owners make? Here are my top five.
New Internet Privacy Bill Proposed
July 19, 2010
Consumers’ concerns regarding Internet privacy have increased as of late and Congress is prepared to address the issue by year-end. Despite being in the early stages of development, the draft bill is already making waves among business owners, the major concern being the potential for negative effects on e-commerce in an already troubling economic time due to “overreaching” privacy regulations.
Don’t Get in Trouble With the Software Police!
March 12, 2010
Does your company buy a copy of software and install it on all company computers or on a network server
Be Aware of These Common Copyright Myths
January 21, 2010
A copyright is a property right in an original work of authorship fixed in a tangible medium of expression. Copyright
Is It All In Your Mind, Or Is Someone Stealing Your Trade Secrets?
September 14, 2009
Trade secrets consist of information. Therefore, for businesses specializing in information technology, protection of trade secrets is particularly important. Trade
A Legal Check-Up: An Ounce of Prevention is Worth a Pound of Cure
June 23, 2009
In the current economic environment it is more important than ever to be proactive rather than reactive. Any unexpected fine
Use Your Trademarks Wisely, and They'll Serve You Well
August 8, 2008
Your company’s trademarks are important and valuable assets which, with proper treatment and with due care, can serve you well
