NFTs and Virtual Patent Marking
January 01, 2022
Patent marking is an important step in the patent lifecycle as it is generally required to seek damages from infringers prior to the date the suit is filed. While virtual marking has somewhat reduced the overhead of marking, it suffers from the same problems all Internet-based evidence runs into in court: websites are ephemeral and have intermittent accessibility, as well as poor public logging of when information existed where, and for how long. NFTs on a digital blockchain could potentially overcome these hurdles, while still providing the benefits of virtual marking via websites.
Protecting a Website's Legal Identity
January 01, 2022
Protecting an internet site's legal identity begins with the settled proposition that domain names are a form of personal property. The classification of a domain name as property allows the owner to register the domain name with the United States Trademark Office. Additionally, a domain name owner may state a claim for conversion against an entity that unlawfully interferes with the domain name property.
Recent Court Rulings on 'Embedding' Foreshadow Split In Circuits
December 01, 2021
When and how can someone else's visual content be displayed on a website without the website operator running afoul of copyright law? When and how can someone else display the website operator's visual content? A recent ruling on a popular practice at the center of these issues for entertainment and media companies may upend the current paradigm.
Legal Issues Around Tangible Asset NFTs
December 01, 2021
When a NFT is transferred to another, both the NFT and its copyright are automatically transferred. However, the intellectual property rights associated with the underlying asset may not necessarily be automatically transferred, unless stated otherwise.
Cybersecurity Awareness Must Extend Beyond the 'Month'
November 01, 2021
For all of that is created and consumed during October's Cybersecurity Month, it is disappointing to see how each year after all the thoughts have been shared, major security incidents continue to emerge. We need to begin to take stock of all the advice given during this month and put it to immediate practice.
How to Fight Online Defamation
November 01, 2021
Internet tools are becoming more sophisticated in measuring the impact of disparaging and defamatory online statements, paving the way for affected business owners and celebrities to fight back by filing defamation suits seeking to recover damages for the harm to their reputation and brand value.