26 December 2016

When Should A Firm Develop Its Own Software?

When Should A Firm Develop Its Own Software? Most likely never unless you have the resources to develop, support, maintain and update a software-based service or application, particularly where it is provides a proprietary core competitive advantage in your industry.

The author of the article below, says law firms should "never" develop their own software:

source: When should a law firm develop its own software? | Timothy Corcoran - JDSupra

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19 December 2016

Cybersecurity: Understanding DNS Attacks



source: Understanding the DNS Attacks: Convenience v Security | K2 Intelligence - Investigations · Compliance Solutions · Cyber Defense - JDSupra

#Cybersecurity #Cyberattack #Security #DNS

14 November 2016

6 Proposals to Stop IoT-Based DDoS Attacks

6 Proposals to Stop IoT-Based DDoS Attacks:


source: Six Proposals to Stop IoT-Based DDoS Attacks | BakerHostetler - JDSupra

07 November 2016

17 October 2016

10 October 2016

Advertising and Fair Use of a Trademark



source: Advertising and Fair Use of Trademark: Oprah's Aha! Moment | Baker Donelson - JDSupra

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07 October 2016

Chicago Cubs Trademarks & Trade Dress vs Infringers & Counterfeits

Chicago Cubs allege various street vendors utilize the Cubs’ trademarks and associated trade dress on T-shirts sold “around and near Wrigley Field in Chicago, Illinois, and on the Internet.”  The Cubs’ complaint also seeks a non-specific court order “allowing them to work with law enforcement to seize counterfeit or trademark-infringing merchandise spotted for sale outside the ballpark."

source: For Wrigley Field Street Vendors, It’s Win or Go Home

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06 October 2016

U.S. Supreme Court to Review Ban on Disparaging Trademarks


source: Supreme Court to Review Whether “Offensive” Names Can Be Trademarked

More:

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09 September 2016

DC Circuit Denies Terror Victims’ Seizure of Internet Top-Level Domains



source: War of the World Wide Webs: D.C. Circuit Refuses Terror Victims’ Attempt to Seize Internet Domain Names | Proskauer - Minding Your Business - JDSupra

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08 September 2016

The London Omnibus, Unfair Competition, US Trademark Law



source: The London Omnibus And its Impact on U.S. Trademark Law | Foley Hoag LLP - Trademark, Copyright & Unfair Competition - JDSupra

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01 September 2016

Brexit: UK Clarifies Its Position On Intellectual Property



source: Brexit: The UK Clarifies Its Position On Intellectual Property | Morrison & Foerster LLP - JDSupra

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25 July 2016

Trademarks & Business Owners, the Basics

Trademark Basics for Business Owners:

In this video, McNees (mwn.com ) attorney Michael Doctrow discusses trademark basics for business including logos, stylized words, combination of words and logos, or other devices such as colors and sounds.

source: Trademark Basics for Business Owners | McNees Wallace & Nurick LLC - JDSupra

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24 June 2016

Celebrity Publicity Rights After Death

Celebrities routinely harness their “images” as a means of generating revenue, relying on intellectual property and right of privacy laws, including the right of publicity, to monetize their likenesses, performances, images, voices and identities in connection with advertisements ... read more below:



source: Till Death Do Us Part? How to Deal With Celebrity Publicity Rights When That Celebrity Passes | Reed Smith - JDSupra

23 June 2016

Trademark: Twitter Account Not Service Mark Use for Social Media Services



Trademarks, Service Marks, Twitter, Social Media

source: Trademark applicant’s Twitter account not service mark use for social media services | Harness, Dickey & Pierce, PLC - JDSupra

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22 June 2016

Trade Secrets, Federally Protected Intellectual Property



source: Trade Secrets Now Federally Protected Intellectual Property | Loeb & Loeb LLP - JDSupra

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13 June 2016

Hashtags as Trademarks



source: The Hashtag / Trademark Paradox: #Trending, but #Proprietary? | Winthrop & Weinstine, P.A. - JDSupra

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08 June 2016

Generic Terms, Trademarks, Ineligibility

The Federal Circuit said:

  • A generic term ‘is the common descriptive name of a class of goods or services
  • The critical issue in genericness cases is whether members of the relevant public primarily use or understand the term sought to be protected to refer to the genus of goods or services in question
  • Genericness is determined according to the two-step Ginn test: First, what is the genus of goods or services at issue? Second, is the term sought to be registered or retained on the register understood by the relevant public primarily to refer to that genus of goods or services?
  • Also noted:  stylized nature of the mark cannot save it from ineligibility as generic.



Federal Circuit Skewers Trademark Applicant | Harness, Dickey & Pierce, PLC - JDSupra







03 June 2016

Brands, Counterfeiters, and Amazon



source: What Are We Going to Do About Amazon? | Burns & Levinson LLP - JDSupra

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27 May 2016

The TPP, Trans-Pacific Partnership, a Legal Evaluation

The Trans Pacific Partnership (TPP) trade agreement has formally concluded its negotiations' processes, setting the parameters for liberalized trade among a dozen countries of the Asia-Pacific region: the United States, Japan, Canada, Mexico, Australia, New Zealand, Malaysia, Vietnam, Chile, Peru, Singapore, and Brunei, but the Parties must ratify the Agreement pursuant to their own domestic legal procedures before it can enter into force, a politically contentious process, particularly for the the United States.



Evaluating the Trans-Pacific Partnership | White & Case LLP - JDSupra

25 May 2016

Advertising Law: Kanye, Data Breach, Lanham Act, Disparaging Trademarks



  • Kanye's Promise of Exclusivity a Siren Song, Suit Says
  • Seventh Circuit Reinstates Data Breach Suit Against P.F. Chang's
  • Lanham Act Claims Against Competitor Not Preempted by FDCA, Ninth Circuit Affirms
  • U.S. Supreme Court Asked to Consider Disparaging Trademarks
source: Advertising Law - May 2016 | Manatt, Phelps & Phillips, LLP - JDSupra

16 May 2016

Google Books Prevails, Copyright Ruling Expands Fair Use Doctrine



source: Fair Use Copyright Ruling Stands For Google Books | Foley Hoag LLP - Trademark, Copyright & Unfair Competition - JDSupraThe Second Circuit’s opinion, which the Supreme Court has left undisturbed, held that Google Books is protected as fair use, a conclusion considered by many to be emblematic of a recent trend toward expansion of the fair use doctrine.

05 May 2016

Arbitrary, Unique, or Distinctive: Sounds as Trademarks


arbitrary, unique, or distinctive sounds, sound mark, trademarks

source: What’s That Sound? It Might Just Be a Trademark. | Dorsey & Whitney LLP - JDSupra

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02 May 2016

Trademarks, Trademark Deviations, Use It or Lose It



source: Trademark Series: Deviations! | Field Law - JDSupra

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22 April 2016

Federal Trade Secrets Act Gains Momentum



Trade Secrets, Intellectual Property, Copyright, Trademarks

source: Federal trade secrets act gains momentum | Dentons - JDSupra

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21 April 2016

Copyright Act, Attorneys’ Fees Awards, Different Approaches



source: Context Is Everything: Evaluating Different Approaches Toward Attorneys’ Fees Awards Under Copyright Act in Light of Supreme Court Review | WilmerHale - JDSupra

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