Online Defamation  

Online defamation has become all-too common.  From the individual to the business they all have become subject of ill comments online.  Many, espousing their belief in their First Amendment right to free speech, have misused that right.  Doing so, they claim immunity from defamation claims. Many claim truth, they were privileged, or that their statement…

Business Data a Trade Secret

Business data in business could be considered a trade secret as it is an essential component of analysis and decision-making.  Businesses cannot compete without relevant data for their administration, process and service delivery.  Trade secrets in database records have value.  Such secrets are sought for competitive reasons. Intruding, a kind word for hacking, into another’s…

Internet Speech and Defamation I

Internet speech has drawn concern for its limitless, it seems, availability for anyone to air their comments about something.  While there are certain protections for speech, the inherent lack of truth in the statements or the lack of concern for the truth in making such a statement online about someone, engenders a considerable amount of…

Internet Speech Immunity

Internet speech immunity exceptions are sought frequently by individuals and businesses who are affected by someone else’s comments about them via an online site.  Online sites are today’s marketplace of ideas to enhance the “competition of the market.”[1]  And so, the claim usually asserted is a defamation claim directed to the website from where the…

Website Crawling and Data Scraping Thoughts

Website crawling and data scraping have burdened the growth of e-commerce as website owners are witnessing their data scraped.  The legal questions have lingered.  Many questions stand out.  The prevalence of crawling and scraping has become too of the norm for those using web content for business, research, or marketing purposes. The common theme is…

Computer Abuse by Password Sharing

Computer abuse can occur by the simple act of password sharing to gain access to a computer and its network. Password sharing for use of a computer is seldom realized as a wrongful use.  It is as well not realized by many account holders that sharing their account passwords or access passwords is as well…

Advertising Disclosures

Advertising disclosures required by the Federal Trade Commission are addressing numerous issues with regard enhancing disclosures of sources of the statements being made in an advertisement.  As creativity increases so will the efforts for the FTC to find aspects, not to their liking.  As the FTC pursues companies using native advertisers or influencer programs, restrictions will…

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…

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. …

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,…

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…

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…