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, […]
Terms of Use that users consent to by just using the site— Seems rather one sided doesn’t it? Maybe that is why there is so much distrust of sites like instagram and other social sites. Is there a better way to approach this so that Users trust my service? and don’t mind ‘consenting’? Our answer […]
According to a recent article by the New York Times, unpaid internships are proliferating. Given the continuing uncertainty of the economy, this shouldn’t come as a great surprise – it’s hard to beat the allure of free labor. However, employers need to be wary about how they structure any offered internships; otherwise, they could run […]
In the 2 years since Pinterest launched itself as an invite-only social bookmarking service, the size of its user base and web traffic have made Pinterest into a social network heavy weight. Consequently, we need to understand how Pinterest handles third-party intellectual property. In relation to such content, in this post we discuss how is used on the […]
The Crowdfund Act is an amended version of the JOBS ACT that will permit the SEC to allow for certain types of investments by individuals who don’t normally qualify as qualified investors under the SEC to make investments through SEC Approved websites. The Act has successfully passed both the House and the Senate. There is […]
With the recent Internet-based blackout by big names in protest of the two bills, it’s worth going over the proposed law and its potential impact on online piracy. Targeting Piracy With Digital Millennium Copyright Act (DMCA) The current mechanism for addressing internet piracy utilizes takedown notices through the Digital Millennium Copyright Act (DMCA). This allows rights holders to ask […]
Before becoming dead set on adopting a particular word trademark, make sure it is worthy of protection first. Doing your homework can both inspire during the naming process and later decrease the chances of discarding a weak word mark. This is where the spectrum of distinctiveness comes into play. The spectrum of distinctiveness illustrates the […]
Making a § 83(b) election for restricted stock can be a complex decision due to the inherent risks involved. It is best to get the advice of legal and tax counsel before making this decision. The election deals with property subject to a substantial risk of forfeiture. The reason its so popular for founders of […]
If you are a Startup and you are headquartered here in the State of Washington, more often then not, you are better off incorporating in the State of Washington. Yes, I do know that Delaware has strong case law and VC’s and angel investors may be more comfortable with Delaware but it does not mean […]