Many people believe that titles to publications or other works cannot be protected. This misconception stems from the fact that although copyright law protects the content of a particular publication, the Copyright Act provides that words, slogans and short phrases are not protectable under copyright law. Copyright Office regulations and numerous court decisions have determined …
With the ever increasing popularity of virtual worlds such as Second Life, trademark owners need to be aware of both the opportunities and challenges that their brands may face in these newly emerging markets. As a trademark owner, if you choose to conduct business in the virtual world, be aware that all of the attendant …
Open source software code is publicly available and enables users to modify and disseminate new code including their modifications. Those who incorporate modifications into commercial software should consider both the patentability and infringement aspects of their efforts.
As our economy becomes increasingly globalized, prudent trademark owners will remember that it is their responsibility to maintain control over the distribution channels, as well as the ultimate geographic sale location, of their branded products. Markets around the world are being flooded with “parallel imports†and “gray market†goods – branded goods that are imported …
Internet domain name registration is a first-come, first-served process. Because of the simplicity and relative low cost of registering a domain, trafficking in domain names has been commonplace since the inception of the Internet. It began with domain name hijacking. In its simplest form, hijacking is the registration of a domain name or names which …
Trade secrets — information that has value because it is not generally known — are perhaps the most difficult form of intellectual property to protect. This is due in no small part to the fact that the information must actually be kept secret, or at least its confidentiality maintained, for as long as trade secret …
Many employers are finding their companies held liable for an employee’s misuse of a computer system, bringing the company negative publicity and in some instances, subjecting it to civil or criminal liability. Therefore, it is important that employers take a proactive approach in setting guidelines governing their employees’ Internet and e-mail usage.Â
Perfecting a security interest in intellectual property involves determining the appropriate filing venue. In general, Article 9 of the Uniform Commercial Code (“Article 9â€) applies to transactions intended to create a security interest. However, Article 9 can be preempted by certain federal laws authorizing other procedures for recording liens.
In light of a recent New Jersey Superior Court Appellate Division decision, it is possible for an employer to be held liable to third parties harmed by its employee if the employer has reason to know that the employee is engaging in Internet conduct that is potentially harmful, yet fails to take remedial action.Â
Independent computer programmers and software developers are increasingly turning to open source code in writing new computer programs. Therefore, there is a growing need for both programmers and developers as well as companies who contract for their services and distribute their software to understand both copyright law and the GNU – General Public License (“GPLâ€) …