The Maturing Nature of e-Intellectual Property Legal Services
November 29, 2012
As the Internet matures, so does the nature of intellectual property legal services required by Internet users. Initially, IP legal services were primarily in demand to facilitate Internet startups. Today, requests for enforcement of Internet IP rights appears to be overtaking calls for legal services related to licensing Internet IP.
Protecting Weak Online Trademarks
November 29, 2012
Creating a brand name that is trademark-worthy and can be defended in the market requires a thoughtful strategy. The standards of the USPTO for trademark registration are nuanced, and the wrong choice of words can make it challenging to obtain a defensible registered mark.
Apple, HTC Call Truce in IP Smartphone Wars
November 29, 2012
Apple and HTC announced the settlement of their long-running dispute over smartphone patents. In a joint-statement, the two sides announced that they'd settled all outstanding litigation in federal court and the U.S. International Trade Commission and entered into a 10-year licensing agreement.
The End of 'Exclusive' Territories?
November 29, 2012
What does "exclusive" really mean? The use of the term "exclusive" may be coming to an end in light of a recent FAQ 37 promulgated by the FTC on Oct. 16, 2012.
Using Bring-Your-Own-Device Technology Securely
November 29, 2012
Bring-Your-Own-Device (BYOD) programs, which allow employees to use their personally owned smartphones, tablets and laptops in and out of the work environment, are significantly changing information technology (IT). Law firms around the country are embracing BYOD as it lets executives and employees use the mobile devices, service providers and operating platforms of their choice.
e-Sales Doing Well
November 29, 2012
Perhaps fueled in part by consumer confidence exhibited in an increase in auto sales, lower gasoline prices, and an apparently recovering construction sector, retail e-commerce rode a rising wave in the Third Quarter, up an estimated 3.7% from the second quarter and 17.3% from the third quarter of 2011, the government revealed last month.
Online Holiday Shopping Hits New High
November 29, 2012
On Nov. 23, this year's Black Friday, online retail sales tipped over the $1 billion spending brim for the first time, with consumers picking up holiday bargains topping out at $1.042 billion on the Internet, according to comScore, a digital-activity measurement company.
HITECH and HIPAA Enforcement Activities
November 29, 2012
The OCR is putting new emphasis on enforcing patient privacy rights since the passage of HITECH in 2009. A look at four settlement agreements.
Protecting Reality TV Formats a Tough Sell
November 29, 2012
The nature of reality has bedeviled scientists, philosophers and theologians for millennia. The nature of reality television programs, however, is a relatively modern concern and ' like reality itself ' doesn't lend itself well to copyright protection.
Vicarious Liability: A Continuing Enigma
November 29, 2012
The recent California decision in <i>Patterson v. Domino's Pizza, LLC,</i> suggests that a franchisor should never feel confident that it is fully protected against vicarious liability claims, even with layers of insurance.
