• Court Orders Yelp to Remove Defamatory Review As a Non-Party To The Case

    Mark Clark - December 13, 2016 - Defamation Law, Uncategorized

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    57088399 - defamation, red rubber stamp with grunge edgesThe California Supreme Court has agreed to hear arguments from a lower court’s decision affirmed by the Court of Appeals to require Yelp to remove defamatory reviews concerning a California attorney.  The case is significant if it is upheld because Yelp was NOT a party to the underlying lawsuit. Dawn Hassell and her firm represented Ava Bir...

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  • Request for Extension of Time to File a Trademark Opposition

    Brian Hall - December 06, 2016 - Trademark Law, TTAB Proceedings

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    You have filed your trademark application with the United States Patent and Trademark Office (USPTO).  Your trademark application was assigned to, reviewed by and approved for publication by an Examining Attorney at the USPTO.  You got excited, you may have started using the mark or expanded your existing use and you were anxiously awaiting receipt of your Certificate of Registration.  You figur...

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  • Federal Trademark Registration Important in Mergers & Acquisitions

    Brian Hall - December 02, 2016 - Trademark Basics, Trademark Law

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    Clients, existing and prospective alike, regularly ask: Do I really need a trademark registration or can common law rights be enough.  Typically, we then discuss the benefits of a trademark registration on the Principal Register of the United States Patent and Trademark Office (USPTO), including: nationwide priority presumption of ownership in court presumption of validity in court incont...

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  • Updates to DMCA Agent Designation

    Mallory King - November 30, 2016 - Copyright Law, Digital Millennium Copyright Act Notice

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    Updates regarding the registration and designation of Digital Millennium Copyright Act (“DMCA”) Agents are set to take effect tomorrow, December 1, 2016.  While the changes are small, they are significant for maintaining proper DMCA protection. Designation of Agent To Receive Notification of Claimed Infringement As a refresher, the DMCA creates a Safe Harbor that limits the liability for ser...

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  • Website Terms of Use Definitions & Glossary

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    Now that you are familiarized with Privacy Policy Fundamentals, it is time to consider some of the common clauses and terminology that are located within the Terms of Use.  The Terms of Use Agreement (aka: Terms of Service; Terms and Conditions) lays out the rules that website Users must follow when accessing the site, selects the governing law, and limits the liability of the website owner, am...

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  • Does My U.S. Patent Provide me Worldwide Patent Protection?

    admin - November 29, 2016 - How to Patent an Idea, Patent

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    The rights granted in a U.S. patent only provide protection throughout the United States and have no effect in a foreign country or jurisdiction.  Specifically, a U.S. patent gives the patent owner the right to exclude others from making, using, offering for sale, or selling the invention in the United States or importing the invention into the United States.  If an inventor intends to pursue paten...

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  • Internet Defamation in Online Reviews

    Mark Clark - November 28, 2016 - Defamation Law, Proving Defamation of Character

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    Your customer reviews on Google places, Glassdoor, Yelp, and other websites are important to your success and affect your revenue.  A negative review can cause real pain to you and your business. False reviews are rampant and sometimes posted as scams to extort money from you or your company. Negative reviews are as easy to submit as hitting 'submit' Are you the subject of a bad online review? Under...

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  • From Trademark Dispute to Peaceful Coexistence

    Brian Hall - November 28, 2016 - Trademark Cease and Desist Letter Issues, Trademark Law

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    Trademark disputes typically start with a trademark owner sending a cease and desist letter to the user of a mark the trademark owner believes infringes upon its rights.  Those trademark rights may be rooted in common law or based upon a trademark registration with, for example, the United States Patent and Trademark Office (USPTO).  Whether the demand letter comes from the trademark owner itself ...

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