Groupon: Trouble In Paradise?
Groupon, Inc. is in the midst of a class-action lawsuit, the result of which could alter the foundation of mobile couponing. For the uninitiated, Groupon is a group buying website that offers large discounts on local goods and services. Groupon sends subscribers daily emails with promotional offers. If a specified number of people sign up for the offer, the deal becomes available to all. For example, a Groupon offer might permit a subscriber to purchase an $80 massage for $40. The "Groupons" are valid for a certain period of time. According to Groupon's "terms of service," after a "Groupon" reaches its expiration date, it loses its promotional value; however, it can still be redeemed for the price paid. Read More ›
Categories: E-Commerce
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Part 2 - U.S. Patent Reform: Post Grant Review Proceedings
As noted in my previous post (Part 1: U.S. Patent Reform: First-to-File), the Leahy-Smith America Invents Act has been signed into law. The America Invents Act has been sold as "the biggest change in the U.S. Patents System since the 1950s." The hype, however, is far from reality – as the Act does not affect many of the fundamental tenants of U.S. Patent law.
This is the second of multiple blog posts that will summarize the most significant changes created by the America Invents Act. My previous blog post addressed the adoption of a "First-to-File" system. Today, I will discuss "Post Grant Review Proceedings." Read More ›
Categories: Intellectual Property, Patents
Part 1 - U.S. Patent Reform: First-to-File
On September 16th, President Barack Obama signed the Leahy-Smith America Invents Act into law. The America Invents Act has been sold as "the biggest change in the U.S. Patents System since the 1950s." However, the Act does not affect many of the fundamental tenants of U.S. Patent law and in fact is significantly modified from the bill that originally was proposed.
This is the first of several blog posts that will summarize the most significant changes created by the America Invents Act. Read More ›
Categories: Intellectual Property, Patents
Deadline for EHR Attestation Fast Approaching
It is time for hospitals and physicians to start using electronic health records ("EHR"). It is particularly important if hospitals or physicians want to take advantage of the 2011 Medicare incentive payments, since important deadlines are quickly approaching. Read More ›
Categories: Technology
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
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). 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
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