What Is The Value Of A Social Media Account? I previously blogged about ownership of social media account, Who Gets The LinkedIn Account When Employee & Employer Divorce. The genesis of that post was the start of the case Edcomm v Eagle, in Pennsylvania. The court has finally ruled in this case, and there are lots of good stuff for lawyers and employers in the ruling. I found the most interesting point the judge’s ruling on the value of Eagle’s LinkedIn account. The Hollowest … [Read more...]
6/17
2013
2013
6/3
2013
2013
5 Essential Trademark Searches Before Naming Your Business
Whose Trademark Is This Anyway? Intellectual property protection is all the rage today, and for marketing, advertising and branding professionals, there is no more important IP than its client’s trademark. I’ve written in the past about trademarks myths and how to protect your trademark. This post focuses on 5 places to conduct your trademark search. Conduct Your Trademark Search In These 5 Places 1. Domain Name Searches – In my opinion, this is really the place … [Read more...]
5/28
2013
2013
What’s a Digital Agency To Do? The Risks of IP Violation In a Digital World
And You Though IP Risks Were Only For Tech Companies We’ve all read about the patent disputes between Apple and Samsung over technology used in their phones, and disputes over medical technology patents. But it’s not just technology companies facing these issues. Digital agencies face the risk of violating another company’s IP when developing mobile and digital applications for clients. These risks, and the ensuing litigation, have become so pronounced, that many agencies are … [Read more...]
5/21
2013
2013
Here’s Why People Hate Lawyers (And I’m Even A Lawyer)
The Death of Plain English Lawyers always get a bad rap for using language the general public can't understand. Well, my fellow lawyers, here is why our reputation is well-deserved. The following is a portion of patent application recently filed and at the heart of litigation: …at least one processor responsively connectable to said at least one memory, and implementing the plurality of interface protocols as a software application for interfacing and communicating with the … [Read more...]
5/14
2013
2013
5/7
2013
2013
Hot Off The Press! The 2013 SoDA Report – A Must For Every Digital Marketer
Hot off the press! SoDA’s (Society of Digital Agencies) first report of 2013 was recently released. The report includes its annual Digital Marketing Outlook survey provides great information and insight on current and future trends surrounding projected budgets, growth opportunities, organizational structure, technological shifts, etc. for digital marketing companies and their clients. In a nutshell, digital and full-service agencies with digital capabilities are more tightly integrated … [Read more...]
4/28
2013
2013
3/25
2013
2013
16 Tips For Legal Advertising on Mobile Devices
FTC Releases New Rules For Mobile Advertising To keep up with technology, the FTC recently issued new regulations on mobile advertising. Link Here. These dot com disclosures rules guide advertisers on how to avoid deceptive advertising on mobile devices. Advertisers must remember FTC rules apply across all mediums, whether print, radio, mobile, tablets, desktop etc . . . Like all ads, if a disclosure is needed to prevent an online ad claim from being deceptive or unfair, it must be … [Read more...]
3/18
2013
2013
Don’t Let Contract Clauses Limit Where You Can Sue and What Laws Apply
Where Do I Sue and What Laws Apply? Most people who prepare and review contracts spend a lot of time reviewing the business terms of contracts, but usually spend too little time reviewing standard boilerplate clauses found at the end of the contract. This can be a fatal mistake. Let’s look at two boilerplate provisions everyone must analyze: Choice of Law and Choice of Venue. Know The Laws Of The State Where You Are Doing Business Choice of Law is the most overlooked provision, … [Read more...]
3/10
2013
2013
Work For Hire: You Paid For It, But You Might Not Own It (Part 2)
What Exactly Is Work For Hire I wrote last week about two cases involving Work For Hire (WFH). Link Here. This post discusses the basics of WFH and how to be sure you get what you paid for. WFH is a work prepared by (1) a person within the scope of his employment or (2) an Independent Contractor (IC) if the work falls within one of the 9 categories stated in the Copyright Act (a work ordered for use as a contribution to a collective work, as a part of a motion picture or other audiovisual … [Read more...]
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