The Foundry Law Blog

Amazon Brand Registry – What it is and How to Enroll

Brand Protection Among the various brand protection services offered by Amazon, such as Transparency, an item-level tracing service to help protect against counterfeits, is Amazon Brand Registry. This is a suite of tools available to proactively protect and give more control to brands. What is Amazon Brand Registry Amazon’s Brand Registry has been improving over the […]

Does my startup need Patent or Trade Secret protection on its IP?

One of my favorite responses to any question is: “I guess I’ll have to answer your question with another question.”  It’s probably the reason people generally avoid me at parties, but so often when giving any advice, it makes more sense to leave the decision in the hands of the person with the most intimate […]

What Makes a Good Privacy Notice?

A “Privacy Policy” commonly refers to what is technically a business’ “Privacy Statement” or “Privacy Notice”. The policy is made up of the internal and external protocols, rules, guidelines and steps that a business takes regarding the collection, use, storage and destruction of personally identifying information (PII) and non-personal (aka. “technical”) information. Businesses put a […]

Web Scraping: Pitfalls and Proactive Best Practices

If your business relies on insights from reviews, comments or other aggregated data, chances are that you are tempted to engage in a little (or a lot of) web scraping. Web scraping is essentially conducting automatic data extraction from one website, for use by a different party. It’s sometimes referred to as “web harvesting” or […]

Make it a Policy to Protect Your Business From Privacy Threats

2016 will be remembered as the year that privacy became the buzzword small businesses took notice of. We saw the establishment of the first ever Federal Privacy Council this year, read about numerous data breaches (and maybe even felt the impacts personally), and the US specifically felt the repercussions of the overturning of its data […]

Can you Keep a (Trade) Secret? The Defend Trade Secrets Act of 2016

Before May 11, 2016, only three out of four forms of intellectual property – patents, trademarks and copyrights – were protectable and enforceable at the federal level. The Defend Trade Secrets Act of 2016 (DTSA) now provides federal protection for – you guessed it – trade secrets. Prior to the DTSA, trade secrets were enforced […]

Copyright & Copywrong: What are Derivative and Transformative Works?

Recently, we’ve been asked several times about the nature of a certain work as it relates to copyright infringement.   “Is my work a derivative of theirs? I should be fine, right?” “Sure, I incorporate some of their copyrighted work, but mine is transformative enough, so I’m good, right?”   As with most gray areas, […]

The Falsity of the Frivolity of Fashion Law

“Fashion Law”. It sounds like an oxymoron, doesn’t it? After all, fashion, which typically evokes images of supermodels and Anna Wintour, is more “The Devil Wears Prada” than “Devil’s Advocate”. Long considered too frou-frou for serious lawyers to be concerned with, fashion law has proven to be an emerging practice area in recent years, housed […]

My Startup Weekend Rollercoaster Ride

Attending a Startup Weekend is like riding a rollercoaster for the first time: after you’ve attended once, you decide whether you’re a rollercoaster-person or not. If you are, you want to take another ride. And maybe another after that! Startup Weekend is a weekend full of hands-on experience where experienced and aspiring entrepreneurs’ work together […]