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  • Right of Publicity in Michigan

    traverselegal - July 24, 2013 - Copyright Law

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    What is the right of publicity? The right of publicity is the right to control the commercial use of ones own likeness. The right of publicity is a product of state law which, in Michigan, is defined largely by federal case law. This means that right of publicity claims may be subject to modified interpretation from Michigan courts. In many instances the issue arises where someones photograph is util...

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  • First Sale Doctrine Applies To Imported Books

    traverselegal - July 24, 2013 - Copyright Law

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    In March of 2013 the United States Supreme Court issued its opinion in the Kirtsaeng v John Wiley and Sons Inc case. The issue in the case was over the geographic scope of the first sale doctrine under copyright law. The first sale doctrine protects the re-sellers of a work after the initial purchase. In other words, it allows purchasers of works after the first sale, to then resell them without viol...

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  • Court Issues Injunction Against Employee For Trade Secret Violation

    traverselegal - July 24, 2013 - Trade Secrets

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    A Michigan court of appeals case, Actuator Specialties Inc v Chinavare, demonstrated the scope and breadth of the Michigan Uniform and Trade Secret Act remedies when it issued an injunction against an employee prohibiting that employee from working at a competitor after verifying a theft of important trade secret information. It is the first case known in Michigan where a court has issued an injuncti...

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  • All or Nothing: Obtaining a Preliminary Injunction

    traverselegal - July 24, 2013 - Noncompete Law

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    This post is useful for both employers and employees, and discusses what the legal standards are for obtaining a preliminary injunction in a non-compete case in Michigan, and generally throughout the remaining jurisdictions in the United States. A preliminary injunction is an injunction that the employer petitions the court for at the initial stages of the case to prevent the employee from violating ...

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  • Legislation Pending Regarding Non-Compete Agreements

    traverselegal - July 19, 2013 - Noncompete Law

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    The governor of Connecticut recently vetoed an amendment to the Connecticut Non-Compete law that would have provided employees with a seven day review period prior to signing a non-compete in the event of a sale or merger of a company. Michigan has a proposed bill that would require employers to provide a non-compete prior to the commencement of employment. Why has there been an increase in proposed...

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  • Copyright Trolling

    traverselegal - July 17, 2013 - Copyright Law, Internet Copyright Infringement

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    Wikipedia defines a Copyright Troll as a party that enforces copyrights it owns for the purposes of making money through litigation in a manner considered unduly aggressive or opportunistic. The attorneys at Traverse Legal have vast experience in dealing with copyright trolls. Generally, copyright trolling contemplates a federal lawsuit identifying the illegal downloading of copyrighted videos or mov...

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  • Protecting Copyright in the Digital Age — Update to Copyright Act

    traverselegal - July 12, 2013 - Digital Millennium Copyright Act Notice

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    Maria Pallante, the Register of Copyrights, recently testified before Congress, inviting Congress to rewrite the current Copyright Act. Although the Copyright Act has been updated to address the use of copyright in the digital age, our recent experience has suggested the need for the wholesale revision of  a copyright act that was designed and written in the nondigital age. Some of the implied sugg...

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  • Employer Drafting Considerations in your Non-Compete

    traverselegal - July 12, 2013 - Non-Compete Law Basics, Noncompete Law

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    Oftentimes employers are tempted to utilize form non-competes that they find on the internet. However, the remedies available in the event of a dispute over a non-compete vary from state to state and necessarily impact the drafting considerations for a non-compete. Employers should carefully consider the available remedies in their jurisdiction in employing a non-compete agreement in your business. ...

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