Software Distinctions and Ideas

Software distinctions from existing software presents a hiccup to many developers with novel ideas.  Software considerations to push for a patent will encounter nuances that need to be addressed.  The approval process has been presenting hurdles for software patent filings.  The hurdles are more about what contribution is being offered by the idea rather than…

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Startup Business -More than an Idea

Startup Business criteria for the idea-person and the money-person, backing the venture, is always easily skewed toward “what’s the least that it will take to get going”.  Going into the wild of business with the startup entrepreneurial spirit is fascinating and laudable.  Many venture off with the chutzpa without seeking legal counsel  and resort to…

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Cyberquatting Claims and Terms

Cybersquatting claims arise on many occassions out of sheer misunderstanding.  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…

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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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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…

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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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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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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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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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