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…

Startup Business Consumer Issues

Startup business consumer issues are not usually raised in discussions at the outset by entrepreneurs.  Consumer protection issues creep up as time goes by in their daily business process. But the reality bites, when startups encounter issues not thought through. If the startup is engaged in a business entails a contract or a detailed proposal…

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…

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,…

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’…

Copyright Preemption

Issues with copyright preemption from state court to federal court become germane under the Copyright Act.  A recent decision in federal court dealt with the issue where what was being claimed was about ideas expressed in a tangible form in a software program, i.e., Spear Marketing, Inc. v. Bancorp South Bank. The Fifth Circuit determined…