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Outlook Tips, Tricks and GotchasLJN's Legal Tech NewsletterWhile my usual columns tend to contain a single topic, covered with a semblance of depth, this article is more of a rapid-fire approach to some helpful tips and "gotchas" in Outlook.
Trademark Dilution: When ‘Minimally Similar’ May Be Similar EnoughThe Intellectual Property StrategistIn Starbucks Corp. v. Wolfe’s Borough Coffee, Inc., the Second Circuit rejected the district court’s determination that trademark owners must show "substantial similarity" between the trademarks at issue in order to prevail on a dilution by blurring claim under the TDRA. Citing the language of the TDRA, the appellate court found that the new statute required only "similarity," and that even "minimal similarity" could suffice to support a claim.
Three’s a Crowd?Internet Law & StrategyIs there room in the legal market for a third high-end legal research service? That is the question as Bloomberg, a company known for its financial news, attempts to muscle in on the turf now occupied by Westlaw and LexisNexis. In December, it officially launched Bloomberg Law.
e-Matchmaker.biz for e-Commercee-Commerce Law & Strategye-Commerce entrepreneurs need many skills to succeed. First, they must have the technical chops to build and run a superior site. Next, they must market that site to stand out among the many competitors in a crowded market. They must also know enough about business to do all the above profitably. That is, until the day comes to sell the business — the Holy Grail of the dot-com boom. Then, a whole new set of skills is required.
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Legal Lessons Gleaned from Music Industry’s High-Profile, File-Sharing LitigationEntertainment Law & FinanceWhen the cash-strapped recording industry announced at the end of 2008 that it would largely drop its aggressive litigation campaign against unauthorized file sharers, some observers saw this as a defeat for record labels. But numerous court rulings have been issued over the past few years that debate and/or establish legal guidelines that will be referenced in file-sharer cases that are either still in the pipeline or may later crop up.
Are Web Applications a Security Concern?Internet Law & StrategyOver the Fourth of July holiday weekend, a wave of cyber-assaults, or "denial of service" attacks, believed to have originated in North Korea, targeted a number of U.S. and South Korean government agencies and commercial Web sites. While there were no reported leaks of classified information or serious damage to networks, the organized assault underscored the conclusions of a recent White House cybersecurity review; namely, that the country’s digital infrastructure and domestic networks are not secure.
Online Dissemination of People’s Imagese-Commerce Law & StrategySometimes, innovation brings benefits; other times, as the saying goes, "the more things change, the more they stay the same." That paradoxical dictum is evident when computer and Internet technology, and e-commerce, converge. With stasis and change in mind, consider the nearly ubiquitous issue and practice of Internet accessibility of images amassed by government organizations, commercial entities and individuals.
X Marks the Spot: Lessons Learned From the Data Map ProcessLJN's Legal Tech NewsletterCreating the right data map with the right information takes time, patience, perseverance and pull. A data map that is hastily put together and is missing information will only provide cursory support to counsel, and instead may end up providing fodder to opposing counsel. Some have even said that is better to not have a data map, claim ignorance and hope for leniency than to state that you have a data map and produce an incomplete, half-baked and inadequate one and anger the judge.
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Web Searches As a Litigation ToolIn any lawsuit, the collection of information on a party or witness is of paramount importance. What seems to someone like innocuous information — such as photographs of vacations and daily activities and postings to special interest Web sites — can materially affect the outcome of a case.
The ‘New and Improved’ FTC?A broad survey of Federal Trade Commission ("FTC") actions and appointments throughout 2009 reveals priorities in enforcement efforts. For instance, the FTC initiated what some observers characterize as fundamental changes to its previous modus operandi — changes that mark a more proactive approach on several fronts.
Negotiating Cloud Computing AgreementsThough given different names, cloud computing has been around for some time, and the legal lessons learned from experience with traditional software licensing and outsourcing agreements can and should be applied to cloud agreements, but there are new issues which will need new solutions.
Going Out on Your Own?The economic turmoil of the past two years has had a dramatic impact on those of us who chose a career in the private practice of law. For many attorneys, these conditions have created an ideal time to strike out on their own and fulfill a dream of becoming a solo practitioner. For others, substantial layoffs at large firms and hiring freezes throughout the legal profession have teamed up to leave them with no other choice.
Expansion of Right of Publicity Continues To Create Tensions with First AmendmentBroadly defined, the right of publicity is a person’s right to control the commercial use of his or her identity. It has been over half a century since the term "right of publicity" was first coined. Since that time, courts have been struggling to define the scope of the right of publicity protection, and to resolve the inherent conflicts between the right of publicity and the freedom of expression embodied in the First Amendment.
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