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Domain Name Registration Should Be Part of Business Strategy
March 16, 2010
by Molly Eichten
A recent court case out of New York underscores the importance of including domain name registration as part of important corporate strategies, such as in mergers and acquisitions. In late 2008, on the same day that Bank of America Corp. alerted the media that it had acquired Merrill Lynch & Co, Inc. a cybersquatter registered the domain names "bofaml.com" and "mlbofa.com."
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Six Month Failure to Give Notice of Unencrypted Data Loss Leads to Law Suit
January 28, 2010
by Michael Fleming
Discovery of a data security breach within a business, particularly one with highly regulated privacy and data security obligations such as a health insurance provider, will always lead to difficult and likely expensive consequences. Those difficulties are compounded when it is discovered that the exposed data was extensive, was highly private information regarding health and financial data of those patients, and had not been encrypted.
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Injunctions Not Always a Slam Dunk in Trademark Litigation
January 21, 2010
by Michael Fleming
A recent decision out of federal court in Illinois illustrates how trademark owners, even with a relatively promising case for trademark infringement, should not presume that courts will automatically grant short-term injunctive relief to prevent the alleged infringer from continuing to use the mark during the course of the litigation. The matter also shows once again how spending some time on the details of the business terms in a trademark license up front could have paid off later to avoid a particularly dangerous situation for the trademark owner.
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Employee E-mail on Company Equipment - Private or Not?
December 31, 2009
by Michael Fleming
Employers had long relied on a general principle that if an employee has used a company system to send, receive or store a personal e-mail or other electronic communication that the communication would be subject to the employer's right to review and disclose the communication even in the face of privacy laws.
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Red Flag Rules Delayed Again to June 1, 2010
November 09, 2009
by Michael Fleming
The Federal Trade Commission has announced yet another delay in the effective date of the controversial Red Flag rules. The rules are intended to have businesses that grant credit to consumers have written policies to identify possible identity fraud situations and report those issues to authorities.
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Inventors should Exercise Caution with Printed Publications about New Inventions
October 28, 2009
by Craig Lervick
When discussing "that new invention" with a patent attorney, questions about printed publications or papers invariably arise. Since the laws prohibit patents from issuing when the underlying invention has been described in printed publications either before creating the invention or more than one year prior to filing a patent application, early examination of this issue is important.
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Trademark Protection Still an Open Question in New Generic Top Level Domains
October 21, 2009
by Molly Eichten
The Internet Corporation for Assigned Names and Numbers (ICANN), the non-profit organization that administers the unique identifiers for the Internet, released its third draft of proposed procedures of the new generic Top Level Domain (gTLD) system. The TLD is to the right of the "dot" in an Internet domain name (e.g., ".com"). The proposed new system will allow virtually any gTLD to become part of the TLD system.
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FTC to Regulate Bloggers Who Endorse Products
October 09, 2009
by Molly Eichten
Until this week, it was not entirely clear to what extent the FTC's rules apply to bloggers who review and endorse products, even though most would agree that it has long been clear that advertisers were already responsible for misleading blog entries that were done at the request of the advertisers.
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Amazon Erases Purchased E-Books From Kindle
August 17, 2009
by Molly Eichten
In what appears to be great irony, in mid July, Amazon deleted purchased e-book copies of George Orwell's "1984" and "Animal Farm" from buyers' personal Kindle devices without notifying the buyers. In the book "1984," the government censors all information that would be damaging to Big Brother. Ironic then that Amazon deleted Orwell's controversial e-book after learning that it had sold unauthorized copies of the e-book, subjecting Amazon to claims of copyright infringement.
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