Entries tagged: intellectual property

Non-Disclosure Agreements – A Lesson to Be Learned

By: Eryn Truong, Esq.

Posted: January 18th, 2014

Tags: ,

A non-disclosure agreement (NDA) is typically used between companies to protect confidential information during a potential transaction. Every NDA, however, is different. The specific terms and provisions in the NDA determine whether your trade secrets would be protected upon disclosure. Accordingly, each NDA should be tailored and specific to the transaction. A recent case decided […]

Read More >

Supreme Court to Hear Case Challenging the Face of Broadcast Television

By: Lauren Kanter-Lawrence, Esq.

Posted: January 18th, 2014

Tags: , ,

Just about the only thing that the broadcast networks and the founders of Aereo—a service that sells live television programming online—can agree on is that the technology will fundamentally change the broadcast network business. On January 10, 2014, the Supreme Court agreed to hear the dispute between television broadcasters and Aereo, a New York-based technology start-up […]

Read More >

A Word of Caution with Use of Olympic Marks

By: Eryn Truong, Esq.

Posted: December 17th, 2013

Tags:

With less than two months until the start of the 2014 Winter Olympic Games, it is important to keep in mind that any unauthorized commercial use of the Olympic trademarks, logos or symbols is prohibited and will be enforced vigorously by the U.S. Olympic Committee (USOC). Federal law gives the USOC exclusive rights to the […]

Read More >

Benefits of Copyright Registration

By: Eryn Truong, Esq.

Posted: November 24th, 2013

Tags:

Many artists, especially entrepreneurs who are just starting off, often start talking to others about their work without realizing that they may be disclosing too much. Their creative ideas or works are assets, and if they do not establish ownership of these assets, the assets could be lost. Artists often do not realize how important […]

Read More >

Cease and Desist Letter Imposes Reasonable Remedial Measures

By: Eryn Truong, Esq.

Posted: September 22nd, 2013

Tags:

According to a recent decision, recipients of cease and desist letters should do more than perform cursory remedial measures. Consistent with similar situations in the U.S. Court of Appeals for the Seventh, Ninth and Second Circuits, the Sixth Circuit affirmed liability of a flea market operator for contributory trademark infringement for failure to stop the […]

Read More >

Use of Designer Handbags Images Leads to False Advertising Suit

By: Eryn Truong, Esq.

Posted: July 28th, 2013

Tags:

Designer fashion label Michael Kors recently filed suit against Costco in the U.S. District Court for the Southern District of New York for falsely advertising that Michael Kors products were sold at Costco. This action arose from an email that Costco sent to its customers offering handbags on sale for $99.99. The email used images […]

Read More >

Obama Plans to Take Action Against Patent Trolls

By: Eryn Truong, Esq.

Posted: June 28th, 2013

Tags:

President Obama announced earlier this month a set of executive actions directed at cracking down on patent-holding firms that interfere with competition and abuse the patent system. The Wall Street Journal reports that these “patent trolls” are forcing technology companies, financial institutions and others into costly lawsuits to protect their products by collecting large numbers […]

Read More >

Second Circuit Holds that Appropriation Art Constitutes Fair Use

By: Eryn Truong, Esq.

Posted: May 29th, 2013

Tags:

In a recent decision, Cariou v. Prince1, the Second Circuit held that 25 works of appropriation art that incorporated original copyrighted photographs constituted fair use under the Copyright Act, 17 U.S.C. § 107. Appropriation art is the “more of less direct taking over into a work of art a real object or even an existing […]

Read More >

License is Required for Playing Music in Public Establishments

By: Eryn Truong, Esq.

Posted: April 23rd, 2013

Tags:

Business owners should be advised that a license is required for any public performance of music. Some owners are unknowingly playing music in their restaurants, bars, gyms, and storefronts from CDs, iPods, or MP3 players in violation of Copyright Laws. What is needed are public performance rights — the right to play music that the […]

Read More >

Supreme Court Holds that the “First Sale” Doctrine Applies to Copies of Copyrighted Works Lawfully Made Abroad

By: Lauren Kanter-Lawrence, Esq.

Posted: April 21st, 2013

Tags: ,

Copyrighted works imported into the United States from abroad are subject to the same “first-sale” rules as items purchased in the United States, according to a Supreme Court decision issued last month (Kirtsaeng v. John Wiley & Sons, Inc., No. 11-697). Supap Kirtsaeng, a citizen of Thailand, came to the United States in 1997 to […]

Read More >