FOR EDUCATIONAL USE ONLY This table does not constitute legal advice – if you have questions, please contact [email protected] Work-For-Hire Assignment of Work Product Defined by the United States Copyright Act of 1976 ((17 U.S.C. § 101)) as:1) a work prepared by an employee within the scope of his or her employment; OR2) a work […]
Dumb Starbucks, the Los Feliz, CA, pseudo-coffee shop with the look and feel of the ubiquitous Seattle-based Starbucks Corporation has reopened discussion as to what constitutes “fair use” of another’s trademark, and what is just plain trademark infringement. For a few days the origin of the single Dumb Starbucks location was unknown, but Comedy Central […]
If you haven’t shelled out at least $1 million in a sponsorship deal with the NFL, what will you call what you watch on Sunday? The NFL owns at least eight trademarks (including “Super Bowl”, “Pro Bowl” and “Super Sunday”) and has a nasty reputation for being overly aggressive about protecting their IP. It also […]
Businesses everywhere stood up and took notice when the European Commission’s Office for Harmonization of the Internal Market (OHIM) recently rejected “in its entirety” Pinterest Inc.’s claim to the Pinterest trademark in the EU. It seems like a company called Pinterest would be a prime candidate to register the trademark “Pinterest” – unless a small […]
By Megan Wargacki: Doissant. Cronut. Doughssant. These are variations on a croissant-donut hybrid. The Cronut is sold in New York, the Doughssant is sold in Ohio, and the Doissant is not yet on sale. Which name sticks in your mind the best? When you next visit Ohio, and you want to try this new pastry, […]
Great news for Social Innovators! Delaware has passed into law the formation of Public Benefits Corporation and the forms are up and running as of August 1, 2013. The public benefits corporation (PBC) is a new option for businesses and entrepreneurs that are for-profit enterprises with a social mission. This will allow enterprises to […]
By Megan Wargacki: Globally, 46% of online consumers use social media when making a purchase decision.[1] So, if your business isn’t advertising on social media, it probably should be…but you must know what you are doing because the FTC has rules about online advertising. Thankfully, in March 2013, the FTC published a guide for businesses […]
By Megan Wargacki: Economic espionage, cybercrime and trade secret theft against U.S. businesses has doubled in the last seven years from 1988-199, doubled again in the nine years between 1995 and 2004 and is slated to double again by 2017. Business’ trade secrets are vulnerable to disloyal employees, neglectful employees, competitors, hackers, or even foreign […]
Could Coca-Cola sue a diner for offering Pepsi to customers who requested Coke? Clearly not, according to a California federal court that didn’t find any problem with Amazon’s merchandising practices. Multi Time Machine, Inc., (MTM), a watchmaker filed suit against Amazon for displaying competitor’s watches whenever Amazon customers searched for MTM’s. In this specific case, […]
The balance between managing your company’s interest and maintaining the integrity of your user’s intellectual property CAN and SHOULD be a SYMBIOTIC relationship. Social Media Campaigns, sweepstakes, and crowd sourcing are great ways to solicit ideas, inspire innovation, produce relevant videos, photographs, and testimonials, build user engagement, and cultivate your brand. However, high profile companies, […]