Trade Secrets in Databases

Database as a Trade Secret Trade secrets in database records fall victim to many who seek the potential value of stored records from a variety of entities, either from government agencies and competitor businesses, to also include medical and financial enterprises, and even from their own employer or client.  Intruding into another’s database is becoming…

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Trademark Nominative Fair Use and Confusion

Trademark use and the element of fair use in business snags many businesses trying to market their service or product, while seemingly using a competitor’s trademark. Liability may not be avoided by relying on the fair use defense.  Words and their message are usually held to a standard regarding the possibility of consumer confusion.  There…

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Trademark Misrepresentation in Advertising

Trademark misrepresentation rather than respecting the appearance of a marks brand through advertising runs the risk of using creative naming.  Courts will look at advertising’s subjective effect on consumers.  The query for concern is to determine if the advertising seeks for the consumer to make the association with an existing unrelated brand of a product. …

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Website Safe Harbor Copyright Notice Designation

Website safe harbor takedown requirements by the Copyright Office is soon to undergo changes.  According to the Copyright Office, it is the responsibility of a website owner or online service entity to make it easy for a copyright holder to contact the website regarding the possibility of content infringement.  The agent designation requirement[1] process form,…

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Trade Secrets Extraordinary Provisions

Trade secrets are going to be dealt differently now that the President has signed into law the new Defend Trade Secrets Act (DTSA).  Through the bipartisan efforts of Sen. Orrin Hatch, R-Utah, and Sen. Choons, D-Del., DTSA is meeting the desired measure that has long been sought by businesses to address the delicate nature of…

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Copyright Protection Standard for Clothing

Copyright protection standard for clothing articulated as conceptual separability will now be entertained by the U.S. Supreme Court amid the background of disparate circuit court views.  Copyright protection applies to the features pertaining to design, of say, articles, and pictures.  The garment sector items fall into the dichotomy of use or utility, as the design…

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Data Security Relevance to More than Just PII

Data security relevance is customarily popping up in everyday life, business, and in our system of society.  To think that billions use handheld devices for entertainment, staying informed of news, and to also be able to know where they are and where they are going, there is another segment of our network life infrastructure, growingly…

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Cybersquatting by Website Designer

Cybersquatting by a website designer is seldom a thought of concern by potential clients who are in the midst of working or are considering the work of a website designer for their start up a business.  Terms are rarely dickered with to ensure the handling of the domain selection and eventful registration.  When an unauthorized…

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Right of Publicity

Publicity of one’s identity without permission frequently happens to sports figures, actors, and to possibly world record holders, including Hacky Sack world, records holders.  The latter persona is the type actually who filed a district court action in Illinois claiming invasion of privacy and false advertising.  As argued, a commercial ran showing that an individual…

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Trademark Internet Use Collides Regionally in Florida

A trademark used in a particular region of the country may not be absolutely alone with the existence of the Internet.  Marketing a business on the Internet has a ubiquitous presence to the service seeking potential customer.  Whether your business is in the southeast, such as Florida, and there is the existence of a wider…

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Music Access Going Offline

Music Access in time past was always a concern for the nostalgic music enthusiast, especially the desire to hold on to music treasures from one’s growing up years. There was the concerned about scratching and breaking and not being able to find another issue.  The digital innovation has liberated the music industry allowing for creative…

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Music Appropriation Issue

The issue of music appropriation of culture e in music is controversially discussed raising concerns for the use of culture as backdrops.  The argument goes that as an artist unveils the video of music scenes appear of a particular culture and people of that particular region.  The criticism is with the prop effects of the…

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