Barbara's IP News and Other Musings
Barbara's IP News and Other Musings
Developments in Privacy Arena for: Mobile Apps & Online Data Breach Notification
ATTENTION– mobile app developers and advertisers in the mobile Web environment. Despite the talk of political gridlock, a combination of federal agencies, private groups and Congress have moved forward in 2013 with ways to solve some of the important...
Trade Names Versus Trademarks Understanding Why You May Need Both
In the course of my practice, I am often asked to explain the difference between a trademark and a trade name. Understanding the role that each plays in the life of a business is important so that the owner can take appropriate steps to protect its...
Trademark Rights Give Way To Freedom Of Expression
If you plan to create a work that will include references to famous people, you may well ask will you run into challenges for using such references. A recent 9th Circuit decision offers guidance as to whether your use will withstand the challenge by a...
Are You Ready To Sell Your Intellectual Property Rich Business At Any Time?
Service oriented businesses that create intellectual property (IP), such as software, data, and applications, need to be nimble so they are ready to take advantage of unexpected opportunities. One important opportunity to anticipate is the sale of your...
Your Mobile Device Wants Your Location Information– Implications for Personal Privacy (Part 1)
In earlier blogs I discussed developments related to privacy protection and the collection of personal data about children through mobile apps. Needless to say, concern for privacy protection is of great interest to everyone not just parents and children. For...
Children’s Online Privacy—FTC Efforts to Keep Up with the Changing Technology
In my recent blog titled, “Privacy, Children and Mobile Apps,” I noted the Federal Trade Commission’s (FTC) heightened concern following the release of its “Second Kids’ App Report” for the need to consider how best to protect the privacy of children who are using...
Privacy, Children And Mobile Apps
On December 10, 2012, the Federal Trade Commission (FTC) released its “Second Kids’ App Report” about privacy protections in apps designed for children. The FTC’s findings were not pretty. http://www.ftc.gov/opa/2012/12/kidsapp.shtm ...
Apple’s Woes in China Provide Lessons for All Trademark Owners
Who would think that Apple does not own the trademark rights in “iPad”? Few would dream of manufacturing a computer tablet and calling it an iPad. Well, it appears that Shenzhen Proview Technology (“Proview”), a Chinese company, won a Chinese court...
How Protectable Is Your Domain Name?
No matter what size a business may be, the Internet allows that business to reach a very large market. While this kind of reach is amazing, intoxicating and can be very lucrative, it does not come without its pitfalls. In a series of blogs, I have been...
How Far Is Too Far To Police Your Website?
In a previous blog, “Selling Over the Internet May Require Knowing the Law in All 50 States,” I considered a real life situation that exposed an Internet business owner based in New Mexico, who sold cigarettes throughout the United States, to a lawsuit filed in...
Selling Over The Internet May Require Knowing The Law In All 50 States
What could be easier than setting up an online sales business? People do it all of the time, right? However, while you may not need to spend money on expensive commercial space and all that is associated with that kind of business model, you still need to...
Do Anti-SLAPP Laws Offer Any Useful Protection to Creators of IP Content?
If you are in the business of communicating ideas which, needless to say, you hope are of general interest to the public, you could find yourself on the wrong end of a lawsuit. This is because in the course of “doing your job” you also may be stepping on the...