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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Privacy Issue of FCC over ISPs

Privacy is a late to-come-by issue of the Federal Communications Commission (FCC) as Internet Service Providers (ISP) were reclassified.  As part of the push for net neutrality, ISPs were soon to be treated as common carriers by the FCC.  This has left the door open for broadband providers to access customer information that is proprietary…

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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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Broadcasting Competition of Distribution Agreements

Broadcasting competition of distribution agreements has been in the Federal Communications Commission’s (FCC) cross-hairs.  While under less than unusual circumstances a provider can enter into a contract to distribute its product exclusively or non-exclusively, the same cannot be said regarding agreements of communications content provider.  The concerns is with content that could draw an overwhelming…

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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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Trademark Infringement and Sibling Rivalries

Trademark infringements may be common in the business world, but they are as well not unheard of among family members in business who are competing in the same products.  The Southern District Court in Ohio heard a case between siblings which touched on pivotal points regarding trademarks. The court wrestled with the issue of ‘use’…

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Cyber Security Events and Lessons of 2015

The process of cyber security is an everyday occurrence in every entity, from government to small and large enterprises.  A handful of events took place in 2015, each shedding a lesson or two going forward.  Counseling clients on requirements always involves sharing best practices, despite them not being a guarantee.  But always the focus is…

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Child Privacy and the Apps They Play

Child privacy while playing with apps is something to consider.  The Federal Trade Commission (FTC) has been concerned.  The aspect of how information, that is children’s personal information, is shared with advertisers and the related networks brings to mind the requirements of the Children Online Privacy Protection Act (COPPA). In 2013, the FTC amended the…

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Copyright Challenge – Ideas and Expression

Copyright for many individuals appears to be anything they write, express, or present on paper.  By putting content on a book one assumes it’s copyrightable, whether it is text, photos, or drawings.  For a yoga studio in California this was the mindset.  That which they organized together in the form of photos displaying poses was…

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