Weekly IP Buzz for week ending March 2, 2018 --
Weekly IP Buzz -- More on Cryptocurrency and IP Law; All About Ownership Agreements; A Simpler Life or Consumer Security? Here's a summary of interesting developments in intellectual property, technology, social media, and Internet Law for the week ending March 2, 2018.
Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending March 2, 2018.
The Intersection of Cryptocurrency and Intellectual Property Law
This marks the last article in a series of blog posts regarding cryptocurrency and blockchain technology. While cryptocurrency still seems like a relatively new term to the average citizen, cryptocurrency and blockchain technology have been around for about a decade. Its recent surge in popularity, however, has raised new questions about ownership, legal protection, and intellectual property law’s role in its burgeoning growth. This article discusses relationships between blockchain technology and intellectual property law. More
Is Your Ownership Agreement Leaving You in the Lurch?
I had an all too familiar phone call last night with a potential new client. Three individuals formed a business entity through which they were going to launch a promising new software application. They had done everything right – they engaged an attorney to handle the formation and had divided up operating responsibilities according to each person’s strengths. The idea was relevant, the technology was functionally strong, and the angel investors were interested – all was looking good. Then, two of the founders learned that the third had been behaving improperly and perhaps illegally – they wanted that person out . . . out of everything . . . out of operations, out of any officer position, off the board . . . and, “we want the equity back because this person should not be able to retain ownership after breaching contracts and duties.” More
Is a Simpler Life More Important Than Consumer Security?
Innovation in technology is continuously providing us with new smart and intuitive devices to help make our lives simpler. With numerous companies running to get new products to market, a couple questions come to mind: Are all these companies keeping consumer security in mind when creating their products? How is the technology regulated for consumer security? There isn’t a clear-cut answer to either question. Yet, consumers are quick to buy and use products and software for a wide spectrum of fields, including devices that provide entertainment, make product purchases, inventory refrigerators, monitor babies, provide home security, and control medical devices; as well as new technologies for businesses, such as intelligence apps for legal research used by lawyers and business intelligence apps used by corporate executives. More
For more posts, see our Intellectual Property, Technology, Business Law, Social Media, and Internet Law blog.
Weekly IP Buzz for week ending February 23, 2018
Weekly IP Buzz -- The Perils of Cryptocurrency; Are Smart Devices Always Listening?; The Defend Trade Secrets Act and Patent Protection. Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending February 23, 2018.
The Perils of Cryptocurrency; Are Smart Devices Always Listening?; The Defend Trade Secrets Act and Patent Protection
Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending February 23, 2018.
The Perils of Cryptocurrency and Blockchain Technology
This is the third article in a blog series about cryptocurrency. In this article, we discuss the perils of cryptocurrency and blockchain technology. While many have heralded the introduction of blockchain technology, there are still many issues with the new technology. First of all, blockchain technology has an environmental cost. While many may not recognize this at first glance, blockchain technology and cryptocurrency requires a huge amount of energy to maintain. As we discussed in the last articles, the mining and maintenance of cryptocurrency requires complex algorithms and large amounts of computing power to maintain itself. Last year, some estimate that the amount of computing power used to keep the Bitcoin network running was equivalent to energy used by approximately 159 countries combined. More
Are Smart Devices Always Listening?
After a man was found murdered in a hot tub, Arkansas police are asking for access to the electronic data records of a smart device located in the hot tub owner’s home. After Victor Collins was found strangled to death in James Andrew Bates’ hot tub, Arkansas police have asked Amazon to provide them with the electronic data captured from Bates’ Amazon Echo device. Although the smart device is not always recording, law enforcement is banking on the fact that the device is “always listening” as it must do so in order to recognize its wake word (“Alexa”) by default. More
“Defense Wins Championships”: Does the Defend Trade Secrets Act Make Trade Secret Protection a Better Defense for Inventions than Patent Protection?
President Barack Obama signed into law the Defend Trade Secrets Act (DTSA), establishing a federal, civil private right of action for trade secret theft, thus expanding trade secret protection in the United States. The Obama administration stated that DTSA would provide a “more uniform, reliable, and predictable way” for companies to protect their trade secrets. With the establishment of a federal, civil private right of action, businesses now have the ability to choose to sue for trade secret theft in either state or federal court. More
For more posts, see our Intellectual Property, Technology, Business Law, Social Media, and Internet Law blog.
First Patent Lawsuit for Apple Over Apple Watch
It happened with the iPhone. It happened with the iPad. Now, over a month after Apple first made it available, the tech giant has been sued for patent infringement over its newest big product, the Apple Watch. According to a lawsuit filed in Missouri federal court on June 5, a married couple who co-owns a patent issued in 2013 is suing Apple for violating a claim for “receiving electronic signals such as text messages on a vibrating device strapped to a user’s wrist.”
Apple is taken to task again when it comes to alleged infringement. Read more about Patent Litigation.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Another Patent Infringement Defense for Inducement Rejected by the Supreme Court
On May 26, in Commil USA, LLC v. Cisco Systems, Inc., the Supreme Court rejected arguments for an extension to an already existent patent infringement defense: that the alleged infringer lacked the requisite intent to infringe. A good faith belief that another’s patent is invalid may already provide a defense to patent infringement, but the Court determined that the same defense could not extend to cases of “induced infringement.”
What's "intent" got to do with patent infringement? The Supreme Court tells us. Read more about Patent Infringement.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Mary Kay Files Suit Against RetailMeNot For Use of its Brand Name
Mary Kay, a cosmetics company headquartered in Addison, Texas, has filed a lawsuit in Texas federal court against the digital coupon website RetailMeNot alleging among other things trademark infringement and trademark dilution for the use of its logo on the RetailMeNot website. Mary Kay does not offer coupons or sell products directly to consumers at all. The RetailMeNot website, however, advertises that it has the company’s coupons on its website, presumably to increase visits to the website, according to Mary Kay’s complaint. Presently, when one runs a Google search for “Mary Kay coupons,” RetailMeNot’s website still pops up as the No. 1 result.
Thinking of brand name-dropping on your website for clicks? Think again. Read more about Trademark Protection.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Legal Issues with Selfies
Selfies are still the rage these days, particularly with celebrities. But what could happen if a Selfie includes more than just one person? In other words, what are the legal implications of when a Selfie is not just a Selfie? Turns out, Selfie legal issues are numerous. Once an informal word, “selfie” was included in the Oxford English Dictionary in November 2013 and is defined as “a photograph that one has taken of oneself, typically one taken with a smartphone or webcam and uploaded to a social media website.”
Who was the real copyright owner of Ellen DeGeneres’s 2014 Oscar selfie? Read more about Social Media Law.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Do-It-Yourself at Your Own Risk - Provisional Patent Applications
Unless you have no access to media (television, print, radio, Internet), you have probably heard or seen at least one advertisement about services, such as Invent Help or LegalZoom, that allow the public to generate their own legal documents at a low cost. In some instances, these services may promote their use to assist inventors in obtaining patent protection. While this may provide an inventor with a supposedly lower-cost way to access the patent system, using these services when patenting can be full of pitfalls for the unwary.
Is there a such thing as "provisional patent"? Though convenient, be wary of cost-cutting online legal services that over-promise and under-deliver. Read more about Patent Protection.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Weekly IP Buzz for week ending February 16, 2018
Weekly IP Buzz -- Blockchain Technology; Phoning It In; 'As Seen on TV,' Amazon, and Trademark Infringement. Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending February 16, 2018.
Blockchain Technology; Phoning It In; 'As Seen on TV,' Amazon, and Trademark Infringement
Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending February 16, 2018.
Blockchain Technology and How It Relates to Virtual Currencies
This is the second article in a blog series about virtual currencies. In the last article, we discussed the rise of virtual currencies and cryptocurrencies. We discussed the advantages and disadvantages of cryptocurrencies and how they differ from traditional currencies. In this article, we focus on virtual currencies and blockchain technology. For those unfamiliar with virtual currencies, blockchains as a concept must also be explained. Blockchains validate the coins that make up the cryptocurrency. Blockchains are records that continuously grow. They are linked and secured using cryptography. Each block, record, contains a hash pointer that links to a previous block, a timestamp, and transaction data. More
Phoning It In
Mobile order and pay-ahead apps boost sales and customer loyalty – but restaurant operators must address legal issues, too. Only a few years ago, customers relied on restaurant mobile apps primarily to find a nearby location or to browse a menu. But now, they’re reaching for their phone for a whole lot more. “As a growing number of restaurant chains move into the mobile/digital space, the features available to guests are become increasingly complex,” according to Lisa Jennings, West Coast Bureau Chief for Nation’s Restaurant News. Guests are turning to mobile apps to order ahead, pay, and skip the line. More
‘As Seen on TV’ Companies Sue Amazon for Trademark Infringement
While brand names such as Allstar Marketing (“Allstar”), Ideavillage Products (“Ideavillage”), and Ontel Products (“Ontel”) may not have the same brand recognition as Coca-Cola or Heinz, these companies produce some of the most recognizable “As Seen on TV” products thanks to savvy marketing and ubiquitous television ad time. Allstar, Ideavillage, and Ontel produce the “Snuggie” blanket, Copper Fit compression apparel, and Vegetti spiral slicers, respectively. Now, these companies have banded together to file suit against tech giant, Amazon.com, Inc., seeking to recover millions in damages. More
For more posts, see our Intellectual Property, Technology, Business Law, Social Media, and Internet Law blog.
Weekly IP Buzz for week ending February 9, 2018
Weekly IP Buzz -- Rise of Cryptocurrency; Battle of the Kylie Trademarks; ZeniMax, Facebook, and Copyright Infringement. Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending February 9, 2018.
Rise of Cryptocurrency; Battle of the Kylie Trademarks; ZeniMax, Facebook, and Copyright Infringement
Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending February 9, 2018.
The Rise of Cryptocurrency
Cryptocurrency is a new term that refers to a digital asset that operates as a medium of exchange. It is similar to traditional currency like the U.S. dollar or the Japanese yen. Because cryptocurrency has now been accepted as a medium of exchange, it allows holders of that particular currency to exchange it in an identical manner to traditional money. Cryptocurrency has also been broadly referred to as digital or virtual currencies. These currency systems rely on decentralized control as opposed to the centralized banking systems that traditional currency currently relies upon. This means that each cryptocurrency operates using a block train, which is a public transaction database, functioning as a distributed ledger. More
The Battle of the Kylie Trademarks
On two different sides of the Atlantic reside two “Kylies” that have battled over legal rights to the sole use of the single word, “Kylie” in connection with a wide variety of goods and services. In the United States, Kylie Jenner (“Jenner”), reality star and half-sister to Kim Kardashian, filed for rights to use the single name “Kylie” in 2015. Her application for rights to “Kylie” was disputed, however, by Kylie Minogue (“Minogue”), an Australian pop star famous for her music since the 1980’s. More
ZeniMax sues Facebook for Copyright Infringement
While many different intellectual property laws can be utilized to protect software and its code, most practitioners rely on copyright law because it is often the most cost-effective means of protection as coders can submit newer versions or updates of their code to the U.S. Copyright Office as necessary. Relying on copyright law, ZeniMax, a company that creates and produces interactive entertainment for multiple media devices, has filed a $2 billion lawsuit against Facebook. ZeniMax’s lawsuit takes aim at Facebook’s 2014 acquisition of Oculus VR, the company behind the Oculus Rift and other virtual reality devices. More
For more posts, see our Intellectual Property, Technology, Business Law, Social Media, and Internet Law blog.
Screenshots of Others’ Instagram Photos Each Sold by Artist for Nearly $90,000
Several weeks ago, artist Richard Prince displayed and sold his newest collection, “New Portraits,” at the Frieze Art Fair in New York. The collection was filled with giant, 6-foot-tall screenshots of Instagram pictures taken by complete strangers—some famous and some not—people whom he had never met nor sought permission from. By the end of the night, only one portrait remained. The rest had sold for around $90,000 each.
What if someone told you a 6-foot-tall version of your latest selfie was going for $90,000 on the street? Read more about Copyright Protection.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Battle of the Fitness Trackers: 5 Tactics for Trade Secret Protection
According to the New York Times, a big battle is heating up between fitness tracker rivals Jawbone and Fitbit, just as the latter prepares for its initial public offering. In May, Jawbone filed a lawsuit in California Superior Court against Fitbit and five former Jawbone employees alleging misappropriation of trade secrets among other charges.
Passwords, employee agreements, and operating your business on a "need-to-know" basis are just a few ways to protect your company's proprietary information. Read more about Trade Secrets Litigation.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Patent Litigation Docket May Become a Thing of the Past in the Eastern District of Texas
Almost 30% of patent infringement lawsuits from 2014 were filed in one district – the Eastern District of Texas (EDTX) – with 20% of the total cases going to District Judge Rodney Gilstrap. Known for its plaintiff-friendly jury pool and large awards to Non-Practicing Entities, the EDTX has encouraged litigants from throughout the country to seek venue there on the most attenuated of grounds. With recent moves in the United States House of Representatives, however, change may be on the horizon.
What is the "Manager's Amendment," and what does it mean for patent infringement lawsuits? Read more about Patent Litigation.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Did Shakira’s Copyright Accuser Lie on the Stand?
Shakira might have thought she was going crazy when she was accused of copying someone else’s song for her hit single “Loca.” But the judge that found her guilty of copyright infringement now plans to hold a hearing and determine whether Shakira’s accuser lied on the stand.
What piece of evidence was allegedly fabricated in Shakira's copyright infringement case? Read more about Copyright Litigation.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Pizza, Burritos and Booze - Oh My! You Can Thank eCommerce For That
The explosion of eCommerce continues to transform how we connect with everyday products and services. When Amazon started selling books online in 1994, few (except perhaps Steve Jobs) could envision our phones would be smart, and we’d have apps to order pizza or a case of beer, but that’s all possible today.
Will you develop your own app, or purchase the technology from a third-party? Find out what's best for your company to deliver. Read more about Internet Business & eCommerce.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Another Attempt by the Federal Government to Seize Mongol Nation's Logo
The federal government is trying to confiscate more than just the physical property of Mongol Nation, a California motorcycle club. The government wants the club’s intellectual property as well. For the second time in several years, it seeks to seize the Mongol Nation logo, over which the group holds trademark rights. In 2008, the first time federal prosecutors tried, it had already convicted more than eighty Mongol Nation members, mostly on racketeering and conspiracy charges. But the American Civil Liberties Union teamed up with the club to halt what its attorney called “an outrageous violation of the First Amendment and an absolute abuse of forfeiture and trademark laws.
The ACLU teams up with Mongol Nation in light of the latest attempt to seize the biker club's intellectual property. Read more about Trademark Protection.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Weekly IP Buzz for week ending February 2, 2018
Video Games and New DMCA Exemptions; IP Risks and "The Big Game"; Steps Entrepreneurs Must Take to Protect Their Ideas
Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending February 2, 2018.
New DMCA Exemptions Proposed to Preserve Online Video Games
In the United States, copyright law protection that prohibits circumvention of digital rights management (“DRM”) is managed by the Digital Millennium Copyright Act (“DMCA”). Specifically, the DMCA criminalizes the production and dissemination of any technology, device, or service that is aimed at bypassing copyright measures that restrict access to works with copyright protection. More
“The Big Game” Can Lead to Big IP Risks
Super Bowl XLIX was watched by more than 114.4 million viewers, and the cost for a 30-second advertisement spot during the broadcast went for a record $4.5 million. And of course, businesses – small and large – who are not paying millions of dollars for these advertising slots still want to capitalize on the interest in the lead-up to the game as well as the game itself. Businesses may come up with advertisements and promotions referring to the Super Bowl® in an attempt to benefit from the name recognition of the Super Bowl. But more times than not, they do not have permission to reference the Super Bowl in these ads/promotions. More
5 Vital Steps Entrepreneurs Must Take to Protect Their Big Ideas
As corporate America continues to downsize, small businesses and start-ups have picked up the slack. Today, small businesses employ nearly half of the U.S. workforce, and popular T.V. shows such as “Shark Tank” and “The Profit” fuel the fires of aspiring entrepreneurs who hope to make it big. Unfortunately, many entrepreneurs don’t successfully protect their big ideas and could lose all or a sizeable chunk of their businesses.
For more posts, see our Intellectual Property, Technology, Business Law, Social Media, and Internet Law blog.
In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Controversy Surrounding Trademarks, the Washington Redskins, and an Asian-American Rock Band
Most people are familiar with the decades-long controversy surrounding the Washington Redskins’ name and the cancellation of its trademark registrations on the ground that the term REDSKINS is disparaging. One of the issues in that case questions the constitutionality of the prohibition against registration against disparaging terms. Although the Washington Redskins case has most famously addressed this issue, a recent decision involving a fairly unknown Asian American rock band, THE SLANTS, may prove to be the game changer.
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What does the term "redskins" mean to you?
Learn more about Trademark Management.
In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
More About Incontestable Trademarks
Despite the label, incontestable marks can still be contested. An accused infringer can always argue that they are not actually infringing the mark at all due to the respective mark differences, the differences in use or commercial impression, etc. However, there are also a variety of ways that a challenger can invalidate the incontestable mark. One method of contesting these sorts of marks is through a functionality argument. A functionality argument states that the putative mark actually serves some functional purpose with regard to the good being sold, and that letting someone trademark the functional item puts competitors at a disadvantage.
What is a "functionality argument," and how could it put you at a disadvantage when contesting Trademarks?
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Learn more about Trademark Protection.
In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
NAACP Trademark’s Claim Is No Match for Free Speech
In a recent decision, the Fourth Circuit decided that an organization’s online article criticizing the NAACP, titled “National Association for the Abortion of Colored People,” did not infringe on the NAACP’s trademark. Though the title and the article were harshly critical of the organization, trademark law generally only applies to commercial advertising, and consumers were unlikely to be confused over the article’s “source and sponsorship.” The decision, which overturned the district court’s ruling, was widely viewed as a First Amendment victory.
Trademark law and politics do not always mix.
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Learn more about Trademark Litigation.
In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
For the second time, Actress’s Performance Found Not to be Individually Copyrightable by Ninth Circuit
The Ninth Circuit reversed course on May 18, holding that an actress could not issue a copyright takedown notice on an entire film simply by nature of her appearance in that film. The ruling reversed a previous injunction—decried by many commentators—to keep the film, titled “Innocence of the Muslims,” off of sites such as Google and YouTube and reversed an order to have every copy of the film destroyed.
Find out what actress Cindy Garcia regrets about her appearance in a controversial film.
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Read more about Copyright Litigation.
In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.