Responding to Digital Millennium Copyright Act (DMCA) Notices

Responding to Digital Millennium Copyright Act (DMCA) Notices The Digital Millennium Copyright Act, or DMCA, is an extraordinarily influential law that was passed in 1998 to protect the rights of copyright holders from internet-based infringement. The following article briefly examines one of the most commonly-used tools authorized by the DMCA—the service of DMCA takedown notices—and how you can respond to such notices if you are not infringing on someone’s copyright. Background on the DMCA The DMCA is a comprehensive copyright law designed to balance the rights of both internet service providers (including website owners who host user material on forums, [...]

2023-08-16T10:02:53+00:00June 25th, 2019|
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Where Does the USPTO Draw the Line in Offensive and Scandalous Trademarks?

Offensive and scandalous trademarks have been a hot topic the past few years. In 2017, we had the landmark case, Matal v. Tam, where the Supreme Court of the United States (SCOTUS) affirmed the judgment of the Court of Appeals for the Federal Circuit that the provisions of the Lanham Act prohibiting the registration of trademarks that “may disparage persons, institutions, beliefs, or national symbols” violated the First Amendment. In this case, Simon Tam applied for the trademark, THE SLANTS, which is the name for his rock band comprised of three (3) members all of Asian descent. However, the mark [...]

2021-10-13T15:30:41+00:00June 12th, 2019|
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Protecting Against Theft of Trade Secrets

Whether a business is just beginning or flourishing and growing, trade secrets are crucial to consider and protect. They are often what make a business unique and can effectively set a business up for sustainable and long-term success. While trade secret theft may seem uncommon, several current cases suggest otherwise. “Tappy”—the automated robot used to test iPhones at T-Mobile—is at the center of trade secret theft charges against Huawei Device Co. and Huawei Device USA Inc. Huawei was originally contracted in 2010 by T-Mobile to supply phone handsets, but used the relationship to gain access to and photograph the testing [...]

2021-10-13T19:09:46+00:00May 26th, 2019|
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Breach of Real Estate Contract – A Broken Promise

Breach of Real Estate Contract: A Broken Promise If you have ever purchased real estate property, and certainly if you invest in commercial or residential real estate as a business, then you know that the time between signing a real estate contract and closing on the property can be a stressful period. While many closings are completed without issue, some real estate contracts are not performed or are anticipatorily breached which can prevent the closing from occurring or result in a different outcome than the parties bargained for. Under California laws, a contract for the sale of real estate must [...]

2021-11-11T17:31:38+00:00April 3rd, 2019|
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United States Supreme Court Ruling Requires Copyright Registration Prior to Lawsuit

United States Supreme Court Ruling Requires Copyright Registration Prior to Lawsuit Registration Requirement and Retroactive Protection Earlier this month, the Supreme Court of the United States held that once a registration of the copyright occurs, a copyright owner can recover for infringement. This is affirming Section 411(a) under the Copyright Act of 1976 (“Copyright Act”), which states a copyright registration is required before the copyright owner may file a lawsuit against any infringer(s). The case, Fourth Estate Public Benefit Corp. v. Wall-Street, further established that a “copyright owner can recover for infringement that occurred both before and after registration.”  Thus, [...]

2021-10-11T19:34:15+00:00March 22nd, 2019|Tags: , , , , , , , , , , |
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Is Your Website ADA-Compliant?

Many of us see the Internet as a tool for making life easier, allowing us to perform necessary life functions from wherever we have Internet access. We can apply for jobs online, manage our bank accounts online, order groceries online, and even decide what we want to eat before we get to a restaurant by looking at their menu online. As more and more businesses advertise and offer goods and services online, their websites have gained almost the same level of importance as their brick-and-mortar stores, and the ability to access business websites unencumbered has become integral to being able [...]

2021-11-11T17:38:03+00:00March 7th, 2019|Tags: , , , , , , |
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Filing a California Cannabis Trademark Application: Do’s and Don’ts

Filing a California Cannabis Trademark Application: Do’s and Don’ts On January 1, 2018, the State of California began allowing registration of cannabis and cannabis-related trademarks. However, registrations are limited to products and/or services that meet federal classifications. To guide you with the registration overview, look at the breakdown below of the do’s and don’ts for filing a successful California cannabis-related trademark application: DO’s: Do confirm that your company has the appropriate state license. Do make sure that your mark is lawfully in use in commerce within California Do review your list of goods and/or services and confirm they fit into [...]

2021-10-13T15:37:12+00:00January 22nd, 2019|Tags: , , , , , , , |
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Is Your Independent Contractor Really an Employee?

There have been disruptions in California barbershops, salons, tattoo shops, yoga studios, dance studios, and the like, after the recent California Supreme Court case, Dynamex Operations West, Inc. v. Superior Court of Los Angeles, reclassified who can work as an independent contractor. The court imposed a new test, known as the ABC test, which determines whether an individual is an independent contractor, and includes the following: whether the worker is free of the control and direction of the hiring entity in the performance of the work (under contract and in fact), whether the worker performs work that is outside the [...]

2021-11-11T16:51:09+00:00January 14th, 2019|Tags: , , , |
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Filing Cannabis Trademarks: How The Farm Bill May Affect You

The President signed the “Farm Bill” into law on December 20, 2018.  The law provides important agricultural policies, including a change that involves the cannabis plant.  Below is a breakdown of the law and how it may affect companies that produce, process, or sell cannabis or cannabis-related products.   Hemp (Cannabis Sativa L) production, processing, and sale will be legalized with restrictions: The hemp cannot contain more than 0.3 percent THC (delta–9 tetrahydrocannabinol). Cultivators are required to obtain a license. Hemp farmers will be recognized as a farmer under the Federal Crop Insurance Act. Cannabidiol (CBD) will only be legal [...]

2021-10-13T15:37:39+00:00January 3rd, 2019|Tags: , , , , , , , |
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