News of data security breaches at one company or another has become so common that perhaps we are becoming immune to the significant impact these breaches can have on those whose information are affected. Not only can identity theft destroy an affected individual’s credit and limit his/her future buying choices, but also it is becoming clear that, philosophically, perhaps our private data really aren’t private anymore. Think of how easy it is to search public records online and find out personal details about a person well beyond what the phone book would have listed in days past. It is harder and harder to keep secrets when the Internet is involved.
Notwithstanding such developing immunity to the shock of a data breach at any particular company, data breaches are very serious events for a company – of any size. In the aftermath, it is not unusual to hear business executives announce that they “never want to go through that again.”
So, what can you do to minimize your company’s risk for data breach? Here are my top five recommendations: Continue reading
As a business owner, perhaps you have seen articles about setting ground rules for BYOD (a.k.a. employees bringing their own devices to work to use for work purposes). Placing restrictions on access to Company information, however, should not be limited only to those BYOD devices. Instead, if the Company issues Company-owned devices to employees for use on Company systems, similar ground rules should be put in place to set expectations and provide the backdrop for any disciplinary action that may be needed later if an employee misuses Company information or loses an unsecured device.
Here are some questions to keep in mind as you develop policies for Company-owned devices issued to employees: Continue reading
So, you’ve decided to launch a brand name in the U.S. and are contemplating registering it in the U.S. Patent & Trademark Office (“PTO“). What can you expect? Not every application is the same, so there will be variations in exactly what happens in the prosecution of your application, but hopefully this will serve as a “Trademark 101 Primer” to describe the basic process overall. (Note – this post is for general information purposes only and does not provide any specific legal advice. Contact your trademark attorney to discuss any areas of specific concern.)
What is a Trademark? It’s a word, phrase, symbol or design, or a combination of words, phrases or designs, that identifies and distinguishes the source of the goods of one party from those of others. A service mark performs the same function as a trademark, but applies to the source of a service rather than of a product. (For simplicity, this post refers to trademarks and service marks collectively as “trademarks.”)
How Valuable is a Good Trademark? The value of a good trademark lies in its ability to convey to the public the source of a particular good or service. The key is to develop a mark unique enough that customers associate it with your goods or services – and only your goods and services. While temptingly simple, choosing a mark that describes your goods and services will not create any trademark value. Customers won’t know to distinguish your goods from others in the same market.
Can Rights Develop Based on Use? Federal registration is not a requirement to protect trademarks in the U.S. – instead, rights in a particular trademark can be established simply based on use in connection with particular goods or services in the marketplace (aka “common law trademark rights”). Nevertheless, federal registration offers more comprehensive protection than reliance upon common law rights, including providing nationwide notice of the owner’s claim to the mark.
TRADEMARK APPLICATION PROCESS
On October 8, 2015, California Governor Jerry Brown signed the California Electronic Communications Privacy Act (CalECPA) into law. This law basically prevents the government from accessing private electronic communications or electronic data without a warrant, subpoena or wiretap order, or without consent of the appropriate individual. State Senator Mark Leno explained the impetus for seeking to pass this legislation: “For what logical reason should a handwritten letter stored in a desk drawer enjoy more protection from warrantless government surveillance than an email sent to a colleague or a text message to a loved one?” Kim Zetter, “California Now Has the Nation’s Best Digital Privacy Law,” WIRED Magazine, Oct. 8, 2015.
As the Electronic Frontier Foundation summarized, “CalECPA protects Californians by requiring a warrant for digital records including emails and texts, as well as a user’s geographical location.” Dave Maass, “Victory in California! Gov. Brown signs CalECPA, Requiring Police to Get a Warrant Before Accessing Your Data,” Electronic Frontier Foundation, Oct. 8, 2015.
The law focuses on two kinds of data sets: “electronic communication information” and “electronic device information.” 2015 Cal. Stat. Ch.651. Continue reading
In a recent decision, the Second Circuit Court of Appeals recently held that a copyright application solely directed to screen shots generated from a software program was insufficient to establish copyright rights in the software as a whole, for purpose of giving the plaintiff a right to sue for infringement of the software. In A Star Group, Inc. v. Manitoba Hydro, the Second Circuit considered whether a plaintiff had jurisdictional standing to file suit for copyright infringement relating to its software – specifically because the plaintiff applied for copyright protection only over screen shots showing various displays that appear when its software was used and not in the software as a whole. (A Star Group, Inc. v. Manitoba Hydro, No. 14-2738-cv (2d Cir. July 27, 2015) affirming No. 13 Civ. 4501, 2014 WL 2933155 (S.D.N.Y. June 30, 2104) – BNA’s cite: 2015 BL 238362.)