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Contributory Trademark Infringement can Effect Carriers Issuing everything from the Standard Commercial General Liability Policy all the way to an Intellectual Property Trademark Abatement Policy  It may be common knowledge that you cannot directly use someone’s trademark without first seeking permission. However, many carriers may not realize that a party can also be pulled into a trademark infringement lawsuit if it is determined they assisted or facilitated in a third-party infringing on someone else’s trademark.…
Patent Trolls have Cost U.S. Software and Internet based Companies Billions in Litigation Costs and Untold Amounts in Unreported Licensing Fees  Since the mid-2000s, U.S. software and internet based companies have been under attack by patent trolls where losses have numbered in the billions. Hopefully, this article will offer some guidance as to how to deal with this “patent war” that has been raging for over a decade. For carriers, this threat and the potential…
Email correspondences have become the norm in the legal world to exchange written communications with clients, opposing counsel, and governmental entities. In doing so, however, there exists the risk of inadvertent disclosures. As such, it has become common practice for senders to institute an automated disclaimer at the bottom of each email indicating that the communication may contain confidential and privileged information, and that if said email is received in error, it should not be…
From capturing those unforgettable life moments to tracking your weight loss goals with fellow dieters – the 21st Century social media craze has truly redefined what it means to share one’s photographs with other Internet users. Today, sharing photographs has become a social media phenomenon in which Internet users have embraced such websites as Facebook, Instagram, Twitter to “like, comment, comment, hashtag” and otherwise share their personal photographs with the online community. But what exactly…
The widespread adoption of social media and other methods of public communication on the world wide web may present uncertainty about an employee’s right to speak freely through these modern forums. In general, an employer may come across public content posted by its employees such as on Facebook and Twitter. When the speech places the employer in an unfavorable light, there are questions as to whether it is protected, and whether an employer may act…
Largent v. Reed, No. 2009-1823, slip op. (Pa. C.P. Franklin Co. Nov. 8, 2011). Trial courts continue to allow discovery of social network (specifically Facebook) user profiles, and to deflect the privacy arguments offered to limit such discovery. In Largent, a personal injury Plaintiff refused to provide access to her Facebook account as part of civil discovery. In granting the Defendant’s Motion to Compel, the court provided an excellent synopsis of the overall state of…
QUESTIONS AND CONCERNS IN THE AGE OF SOCIAL MEDIA While the momentous events of the 2011 show that social media has the capacity to affect great political and social change, the very penetration of such media into the day to day lives of the population also carries with it unanswered questions in the areas of defamation and related torts. The same social media platforms – Facebook, Twitter, YouTube, and the like – that aided in…
On October 13, 2011, the Security Exchange Commission, Division of Corporations, released “new guidance” to the shareholder disclosure requirements of publicly traded companies. Specifically, the SEC noted the significance of “cyber risks” in the scheme of assessing the overall risks and liabilities of a business. The rationale for recommending the inclusion of cyber risks relied heavily upon the breadth of exposure they can entail, including: Remediation costs that may include liability for stolen assets or…
Title 17 of the United States Code is the cornerstone of US copyright law. Modernization of this Act has been required to account for the massive transmission of intellectual property via the internet. As many websites are interactive – invite interactive/third party comments, publications, and content – online service providers are concerned regarding the level of oversight required when monitoring the constant influx of third party material. In the interest of encouraging such interactive websites,…
With the rapid growth of the use of technology in business comes great risk to consumers private information, and a concomitant risk to many of the businesses that are charged with the protection of that private information. In recent years, the Federal Government has enacted regulations, albeit vague in form, in an attempt to manage these risks. One such act, entitled the Gramm-Leach-Bliley Act (GLBA), or the Financial Services Modernization Act, was enacted by Congress…