Traverse Legal Blogs

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Is A Registered Copyright Necessary for a DMCA Takedown?

Imagine this: you just attended a concert at your local concert venue. Assuming it was a lot of fun, you want to share the experience with friends and family, so you post the photos you took on Facebook before going to bed. When you wake up the next morning, you sip your coffee and read […]

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Supreme Court Strikes Down Lanham Act’s Disparagement Clause

On June 19, 2017, the Supreme Court issued an opinion in Matal v. Tam, 137 S. Ct. 1744 (2017), striking down the disparagement clause in the Lanham act that had been in place since 1946. The clause reads that no mark will be registered that is a “matter which may disparage or falsely suggest a […]

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Patent Exhaustion Update

The U.S. Patent Act (35 U.S.C. § 271(a)) grants a patent owner the right to prevent others from making, using, selling, offering for sale or importing a patent invention within the U.S.  The doctrine of patent exhaustion limits the patent owner’s ability to control the use of patented items after those items have been sold.  […]

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Accidental Copyright Infringement Is Still Infringement

“Strict Liability” is a term used to describe legal liability in which a Plaintiff does not have to prove a Defendant’s fault, but simply show that their rights were infringed. Copyright infringement is strict liability, which means you remain liable for copyright infringement even though you did not intend or realize you were infringing a […]

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Founders’ Friday: Legal Agreements Preserve and Protect Your Growing Business

Any Founder, especially a repeat-Founder, will tell you that the proverb of “an ounce of prevention is worth a pound of cure” applies to legal agreements.  As a start-up business owner you will need several critical written agreements to assist in securing and growing your business. Unless you go it alone without any legal assistance, […]

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Texas Uniform Trade Secrets Act Amendment

The Texas Legislature recently passed a bill amending the Texas Uniform Trade Secrets Act (“TUTSA”), scheduled to take effect September 1st of this year. Along with a few minor modifications, there are five notable changes that any business who carries a trade secret may want to familiarize themselves with, before they decide to file a […]

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Variations of Cybersquatting

While you may know what cybersquatting is generally and what potential legal action you can take for remedies under the Anticybersquatting Protection Act (“ACPA”), not knowing specific techniques used by cybersquatters may leave you unaware that you are currently being or have been a victim of cybersquatting. Cybersquatters use a variety of techniques to benefit […]

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Founders’ Friday: Owning IP Increases Business Value

Don’t just think about IP ownership in a vacuum.  Think about IP from a business perspective, or, perhaps, as Puff Daddy said best: “It’s all about the Benjamins baby!” Once Founders have made the decision to protect their business’ Intellectual Property (“IP”), whether it be in the form of a trademark, patent, copyright, trade secret, […]

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Founders’ Friday: What’s Your Big Idea?

In addition to spending time creating business plans, marketing plans, and succession plans, founders should make sure that they are developing a sound plan for handling their company’s intellectual property (aka your big idea).  The reality is that every startup began with an idea.  Existing businesses typically come up with new ideas as well.  Regardless […]

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Founders’ Friday: Choice of Business Entity

It is a question we get all the time. What kind of business entity should I use for my new company? To answer, we must first highlight the different business entities founders can select for starting their new business and then outline some important questions to ask when choosing the right entity. There are four […]

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