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NY Bar Releases Ethics Opinions AppLJN's Legal Tech NewsletterThe New York State Bar Association announced the release of its free Mobile Ethics App that allows judges, lawyers and law students to access instant ethics advice from portable devices.
Google+ PagesInternet Law & StrategyGoogle+ Pages are similar to Facebook "fan" pages. These social media offer many similar benefits; however, Google+ Pages has had an inauspicious start, to say the least, and does not yet appear to be a serious Facebook challenger.
An e-Cheapskate’s Guide to Contractse-Commerce Law & StrategyWhen confronted by contract after contract, day after day, which ones should an e-commerce executive actually read, so that she can spend some time running the business requiring all those contracts, and maybe even make some money?
The Saga of Omega v. Costco Wholesale Corp.The Intellectual Property StrategistMore than seven years after the Omega S.A. v. Costco Wholesale Corp. case began, there has been no trial and the case is now back at the Ninth Circuit for a second time.
Unsettled Issues Are Raised By Bid to Terminate Copyright Grants in Village People SongsEntertainment Law & FinanceTo complement our recent article on the termination of rights under copyright in sound recordings, we focus here on termination of rights under copyright in musical compositions — and particularly on the pending lawsuit in California in which rights in some iconic songs made famous by the Village People are in dispute.
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Is a Web Site’s Look and Feel Protected?Internet Law & StrategyIn recent years, a growing debate has emerged over whether the overall look and feel of a Web site can be protected. To be sure, online content, videos, and other media are copyrightable, but the law remains unsettled when it comes to using trademark law to protect a site’s distinctive interface and design elements. This article discusses trade dress generally, the issue of copyright preemption, and recent decisions that have wrestled with the issue of Web site trade dress infringement.
Brand Considerations When Launching Mobile Phone AppsThe Intellectual Property StrategistPrior to launching Apps on smartphone devices, it is advisable that brand owners pause — even if momentarily — to consider the new trademark and related legal issues that this new medium presents.
Government Contracts and the CloudThe Corporate CounselorThe Obama Administration is rapidly fulfilling its pledge to leap into cloud computing with both feet. Here are the pros and cons.
Waiting for Courts To Help in Internet-Based Franchise Encroachment?e-Commerce Law & StrategyCustomarily, franchise agreements delineate an owner’s exclusive right to sell to a particular locality. But, as is the case when the Internet is involved, the ubiquitous tool’s communications capabilities have blurred franchise-location boundaries through novel low-cost marketing opportunities for commercial enterprises. While Internet-based franchise encroachment is rampant, courts are reluctant to interfere with the contracts that gave rise to the franchise relationship.
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SOPA and PIPA Put on HoldFueled by Twitter and Facebook postings, the public became more aware of SOPA and its sibling Senate legislation, PIPA (Protect IP Act) and took to e-mail and old-fashioned telephones to let their Congresspersons know how they felt. Whether those who sent messages read the Bills or knew what they really said, the word was out: these Bills would kill the Internet as we know it.
An e-Cheapskate’s Guide to ContractsWhen confronted by contract after contract, day after day, which ones should an e-commerce executive actually read, so that she can spend some time running the business requiring all those contracts, and maybe even make some money?
Geotracking and e-DiscoveryThis article explores the ways in which geotracking data can be created, potential issues associated with this information, and how it might all relate to e-discovery, including how long the information is stored, whether it is discoverable and how or whether it can be used in a case.
Recourse Strategies In the New Age of .XXX Domain NamesAs the dust settled following the close of Landrush, however, the last (and potentially most contentious) leg of the launch commenced. General availability began on Dec. 6, and .XXX domains are being allocated on a first come basis. Now is the time for trademark, domain name and brand owners to purchase .XXX domains to proactively race to stake a claim in their brand if only as a defensive measure.
Establishing Substantial Non-Infringing Use for Software Under 35 U.S.C. § 271(c)If sued as a contributory infringer, a software company can prevail if it establishes that the accused software has a substantial non-infringing use. In many cases, software companies have usually failed to establish this defense. This article summarizes the circumstances that gave rise to these failures, and proposes a particular scenario under which a defendant may succeed in showing that its software is suitable for substantial non-infringing use.
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