News

The U.S. Patent and Trademark Office (“PTO”) is warning business owners and individuals who own federal trademark registrations to be wary of unsolicited mail and emails that look official but are really are the work of scam artists.  Here’s how the scam works.  The scammers find your contact and official registration information using the public…

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In April 2012, the Federal Trade Commission issued its report entitled “Protecting Consumer Privacy in an Era of Rapid Change.”  You can read that here, or saved locally here. The Report, while a comprehensive review of hundreds of undoubtedly conflicting filings by the various extreme factions on privacy issues, ultimately just boils down to the…

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Not so fast, says the 4th Circuit.  Many lawyers and bloggers had assumed Google would win its case in which Rosetta Stone alleged that Google was contributing to the infringement of Rosetta Stone’s trademarks . . . but Google mostly lost on appeal. The Rosetta Stone case involves use of “adwords” – Google adwords are…

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A question often arises – does an owner of an intellectual property right have the duty to enforce it?  While the answer is no, the failure to do so in the face of known infringement can damage and limit the ability to enforce the right in the future.  This legal doctrine – laches – borrows…

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The U.S. Supreme Court just handed a big win to all landowners who receive a “compliance order” pursuant to the federal Clean Water Act, issued by the Environmental Protection Agency (“EPA”). The nation’s highest court held that the landowner has the right to seek immediate, emergency relief in federal court to attempt to stop the…

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In The Hebrew University of Jerusalem V. General Motors, LLC, CV10-03790 AHM (JCx) (U.S. D. Ca March 16, 2012) the court refused to grant summary judgment on a claim that GM’s otherwise licensed use of an image of Albert Einstein violated the rights holder’s post mortem publicity right. The decision is linked here.

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BitTorrent is a peer to peer file sharing protocol that allows its members to share pieces of a file simultaneously such that each user can access and view the entire file without downloading it completely. It was designed to facilitate the sharing of large files and minimize the demand on an individual server. A seed…

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Besides the basic tax bypass trust structure there are several ways of reducing exposure to estate tax, though most of them involve giving away control of an asset. The simplest of these is simply making gifts within the annual $13,000 gift tax exclusion. Larger gifts made by people with enough wealth to face estate tax…

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