Products Merely Having the “Look and Feel” of a Trademarked Brand Can Still Be a Counterfeit in the Eyes of the Law

Designers have been increasingly proactive in protecting their marks and brands by filing trademark infringement suits against those making “knock-off” products.  Louis Vitton recently celebrated the upholding of a $335,000 judgment against Joseph Mosseri for online sales of counterfeit Louis Vuitton products. But what if a competitor copies only the “look and feel” of anContinue reading “Products Merely Having the “Look and Feel” of a Trademarked Brand Can Still Be a Counterfeit in the Eyes of the Law”

Trade Secret Protections May Be Lost If You Fail to Take the Proper Precautions

It is imperative to have consistent nondisclosure agreements in place whenever divulging confidential information to a third party.  Divulging sensitive information without having the proper contractual protections in place may limit your legal remedies.  In the recent case of Gal-Or vs. US, an Israeli scientist’s inconsistencies in requiring nondisclosures and his failure to mark sensitiveContinue reading “Trade Secret Protections May Be Lost If You Fail to Take the Proper Precautions”

Swedish Inventors Develop Inflatable Bike Helmet

A pair of Swedish designers have recently developed an inflatable helmet.  The helmet is worn around the neck like a travel pillow allowing bikers to benefit from unimpeded sight and sound.  The device senses the biker’s movement and an inflatable helmet deploys when necessary,  covering the head and neck of the rider with a fullyContinue reading “Swedish Inventors Develop Inflatable Bike Helmet”

U.S. Copyright Office Proposes Creation of Small Claims Tribunal

The U.S. Copyright Office has proposed the creation of a 3 person tribunal to adjudicate smaller value copyright claims.  Use of this tribunal would be voluntary and in lieu of federal court proceedings.  The tribunal could hear cases having damages less than $30,000. Click here for full article.

New Feud Over Hatfield McCoy Trademark

Everyone has heard of the legendary grudge between the Hatfield and McCoy families during the mid to late 1800’s. While the family feud has quieted down in the last century, a new dispute is emerging over who has the right to use the trademark HATFIELD & MCCOY in competing moonshine ventures.   Click here forContinue reading “New Feud Over Hatfield McCoy Trademark”

Supreme Court Holds Synthetic DNA Patentable

In June the US Supreme Court held in Association for Molecular Pathology, et al. v. Myriad Genetics, Inc., that isolated segments of naturally occurring DNA are not eligible for patent.  Although human intervention is required to isolate naturally occurring DNA, that DNA segment is still naturally occurring and therefore ineligible for protection under US patentContinue reading “Supreme Court Holds Synthetic DNA Patentable”

Predictive Policing and Potential Constitutional Concerns

Some police departments are implementing a crime mapping program that uses criminal data to predict future areas of specific crimes.  A report generated by this software coupled with an officer’s observations may be sufficient to stop and search a suspected criminal.  With the advent of real time advertising and now predictive policing, the movie theContinue reading “Predictive Policing and Potential Constitutional Concerns”

Can A Copyright Be Validly Transferred by Simply Accepting On-line Terms?

A recent 4th Circuit case considered whether a copyright can be validly transferred by simply clicking “yes” to a website’s terms of use.  In this case an online real estate site required users to accept the site’s terms of use (TOU) prior to uploading photos.  The TOU noted that all images become the “exclusive property”Continue reading “Can A Copyright Be Validly Transferred by Simply Accepting On-line Terms?”