New Privacy Guidelines? Not So Impressive.
Most people don’t want their online activities to be tracked by advertisers. So it should come as good news that the Digital Advertising Alliance just released new privacy guidelines governing the...
View ArticleApple Wins Patent Case Against Android. Well, Sort Of.
Steve Jobs vowed to go "thermonuclear" against Google and the Android interface. Today, the U.S. International Trade Commission (or "ITC") just helped Apple move one step closer to Jobs's dream of...
View ArticleSoDA Says No To SOPA
The Society of Digital Agencies, an invitation-only consortium consisting of some of the best and most well-known digital agencies on the planet, today released its official position on the Stop Online...
View ArticleThe SoDA Report - It's THE Predictor of Digital Marketing in 2012
TheSoDA Report:2012 Has Been Released - Download it now if you want to read the single greatest predictor of digital marketing activities in 2012...SoDA has compiled the thoughts and opinions of ≈700...
View ArticleI Tried, But I Can't Dislike the Cybersecurity Act of 2012
I wanted to find a reason to dislike the recently proposed “CybersecurityAct of 2012”--but I couldn’t find one. (You can download and read the bill HERE).Before reading the bill, I thought it was going...
View ArticleFTC Releases Its List of Top Consumer Complaints
Last month, the FTC released the Consumer Sentinel Network Data Book for January - December 2011.For those of you not familiar with the Consumer Sentinel Network (or "CSN"), the CSN is an online...
View ArticleFTC Issues Final Report on Consumer Privacy
Today, the Federal Trade Commission issued a final report setting forth best practices for companies to protect the privacy of American consumers, and to give American consumers greater control over...
View ArticleEA Sued Over Use of Helicopters In A Video Game?
Electronic Arts is one of the biggest and best producers of realistic video games. So it should come as no surprise that in EA's popular video game, Battlefield 3, users have the option of flying...
View ArticleSometimes You Can Use Someone Else's Trademarks
Here’s a case of “first impression”--that’s a fancy way of saying, “a matter that hasn’t been decided by a court before.” It comes to us from a federal court in Texas, and it reminds us that commercial...
View ArticleViacom's "Victory" Over YouTube Isn't A Victory At All
The latest decision in the Viacom v. YouTube saga was handed down on April 5 by a federal appeals court. The decision re-instated a previosuly dismissed case against YouTube, in which Viacom sued...
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Special Seminar Event in NYC
Legal Strategies of Highly Successful App Development CompaniesHere's your opportunity to learn the secrets of the most successful app development companies in the country--a perspective not seen, or...
View ArticleGroupion v. Groupon: Sometimes a Name is Just a Name.
Let's consider two companies: Groupion and Groupon. Are their names similar? Sure they are. In fact, they're so similar, that Groupion--which started doing business before Groupon adopted its...
View ArticleWhat Are Your Online Ads "Up To"?
What does it mean if an advertisement says that you’ll receive “up to” a certain percentage off normal prices? Would it surprise you to learn that almost half of the people reading that probably don't...
View ArticleBusiness Liability Coverage & IP Issues: You're Not Covered.
A case recently filed in California reminds us that so-called “business liability policies” do not cover all business-related liabilities—especially when the liabilities involve claims of intellectual...
View ArticleGuidelines Prodding Companies to Disclose Cyberattacks? Not Likely.
Last October, the SEC issued guidelines to companies about when they should notify their shareholders about incidents involving cyberattacks. The guidelines were--and still are--voluntary, so public...
View ArticleClickwrap / Browsewrap Agreements: It’s the Notice, Stupid!
If your company sells stuff online, it likely relies on a Terms of Use link to bind its customers to a purchase agreement, or requires its customers to click through a Terms of Use agreement before a...
View ArticleUpsell By Clickwrap? The Second Circuit Says "Not So Fast..."
Have you ever purchased something from a website only to get bombarded at the checkout or payment screen with offers of other products or services? That process, called "upselling", is a merchant's...
View ArticlePublished Here Or Abroad? Regardless, It's All Good (Says the Supreme Court).
Today the Supreme Court handed down its decision in the case of Kirtsaeng v. John Wiley & Sons. The case involves a college student who got sued by a book publisher because the student sold his...
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Glad to Have Had MSPmentor in the House....
Thanks to Dan Kobialka at MSPmentor for the online review....Check out his article here.For those of you not in attendance at Automation Nation 2014, here's a little of what you missed (and what Dan...
View ArticleWhy The Washington Redskin's Trademark Was Cancelled: A Primer
Over the past few days I've received many emails and texts asking me whether I thought the USPTO's cancellation of the Washington Redskin's federal trademark was correct. The answer is an easy, and...
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We All Own the Monkey's Selfie.
A macaque monkey in Indonesia steals a photographer’s camera and then snaps a few selfies. Really, that happened. (See picture left). (Source: Wikimedia Commons)Sometime later, the photographer...
View ArticleThe Heat Applies Heat to Waze
Drivers love Waze, the Google application that provides real-time traffic conditions to drivers nationwide. One of Waze's more notorious features is its ability to alert drivers to the location of...
View ArticleIt's In The Game...But Should EA Pay For It?
Electronic Arts makes some of the most realistic sports video games on the market. To do this, EA uses the likenesses of real players, and captures each player's unique physical appearance and...
View ArticleLeft Shark Isn't As Scary As the Lawyers Protecting It
It's been reported that over a hundred million people watched Katy Perry's Super Bowl halftime show. If you're one of those people, then you likely saw the dancing sharks that accompanied her on stage....
View ArticleThe Question Every Airline Needs to Answer: Why No Cockpit Video?
I'm going to take a moment from my usual legal technology-related posts to pose an obvious but unanswered question to the Federal Aviation Administration, as well as to the airlines themselves: Why...
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