Cease Demand Letter Myths

Cease demand letters are an expected step before any legal action is taken. Most jurisdictions require a claimant to demonstrate mitigation efforts.  Courts respect a claimant’s attempt to resolve the issue of concern.  They also appreciate seeing an effort to minimize damages.  But what can be surmised by cease demand letters is not what is…

Crawling Websites for Data

Crawling websites for data has burdened the growth of ecommerce as website owners 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 that website…

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. …

Free Speech in Trademarks

Free speech in trademarks has been a long existing principle only to be recently circumscribed.  Ideas in naming something personal, such as exercising an expression for a trademark, could otherwise be prohibited if it were not for the constitutional principle of free speech. Imagine starting a company and devising a slogan to register as a…

Trade Secrets Act Update

Trade secret law and practice is about to change if Congress pursues the “Defend” Trade Secrets Act with the current provisions.  Not only will the practice change, rights as well as competition, may be affected for the worse.  The attention that this legislative activity is getting regarding trade secrets is scant to say the most.  …