Did King.com Really “Trademark” the Word Candy?
Much of the independent video game world is up in arms regarding the recent news that large UK game developer King.com has “trademarked” the word CANDY. Many see this as an attempt by a Wonka-esque...
View ArticleMedtronic, Inc. v. Mirowski Family Ventures, LCC (2014)
Earlier today, in Medtronic, Inc. v. Mirowski Family Ventures, LLC, the Supreme Court held that "when a licensee seeks a declaratory judgment against a patentee to establish that there is no...
View ArticleWhat Do the Proposed Changes to Medicare Parts C and D Mean For Your Business?
On January 10, the Centers for Medicare & Medicaid Services published proposed rules labeled as “policy and technical” changes to the Medicare Advantage (Part C) and Medicare Prescription Drug...
View ArticleChoosing A Trademark That Won’t Buy You A Lawsuit
In my last blog post for i-Sight, we discussed choosing a trademark for your company’s new product that lets you walk and chew gum at the same time, releasing millions of uncoordinated people from the...
View ArticleProtect Your Blindside: Identify All HIPAA Business Associates/Subcontractors
Under the recently enacted Health Information Technology for Economic and Clinical Health (HITECH) Act, and implementing regulations, the definition of the HIPAA term "Business Associate" has been...
View ArticleLegislation Allows Michigan Companies To Raise Capital, Avoid Federal...
Effective December 30, 2013, Michigan Gov. Rick Snyder enacted into law Public Act 264 of 2013 (the "Act"). Among other things, the Act establishes a crowdfunding method of raising capital in Michigan....
View ArticlePresident Obama announces surveillance reforms: key points for businesses
In a speech that garnered worldwide attention, President Barack Obama has announced important reforms in the ways the US government will gather, store, use and retain signals-related information. These...
View ArticleHIPAA: Friend or Foe to Innovation?
The Patient Protection and Affordable Care Act (“ACA”), viewed by many as the largest overhaul of health care in the United States to date, has brought about a time of great change. The health care...
View ArticleCourt Decision Threatens Open Internet; Guts FCC “Net Neutrality” Rules
The D.C. Circuit has issued a decision gutting FCC rules that prevented companies like Comcast and Verizon from blocking access to, or charging extra fees to companies like Amazon, Apple and Netflix...
View ArticleKeep Calm and Carry On
Trademark lawyers Bill Finkelstein and Cheryl Hodgson discuss the phenomenon of trying to register ubiquitous terms such. In these situations a number of people jump on the band wagon. Is the first to...
View ArticleCMS Suggests Significant Changes to Medicare Part D and Medicare Advantage...
The Centers for Medicare and Medicaid Services, CMS, recently issued a Proposed Rule that would initiate important changes to prescription drug plans under Medicare Part D and Medicare Advantage....
View ArticleFerreting Out the Frauds: a Virginia Court Orders Yelp To Identify Anonymous...
Social media is widely used in the hospitality industry for everything from promoting sales to recruiting new talent. Facebook, Twitter, Pinterest, Foursquare, and a number of other sites provide...
View ArticleUncovering a Line in the Sand: Employee Social Media Use and the NLRA
If an employee calls his supervisor a “nasty motherf[**]ker” on Facebook, would the employee lose the protection that he would otherwise enjoy under the National Labor Relations Act (NLRA)? Probably...
View ArticleCrowdfunding: SEC Proposes to Exempt From Registration Internet Offerings Up...
Late in 2013, the Securities and Exchange Commission (SEC) proposed new rules that would, if approved, authorize the use of the Internet for so-called crowdfunding campaigns seeking up to $1 million...
View ArticleInsurance Coverage Available For Bitcoin Deposits – Devil Is In The Details
Elliptic, a London-based digital virtual currency services firm, announced this week that it has secured insurance coverage through Lloyd’s of London for Bitcoin deposits made into its “deep cold...
View ArticleTarget of CFPB Complaint Loses Argument on Unconstitutionality
The United States District Court for the Central District of California denied a motion to dismiss brought by a target of the CFPB’s enforcement powers. In August 2013, the CFPB filed a complaint...
View ArticleIs Tiffany Generic?
Genericide kills trademark rights. It has been alleged that “Tiffany setting,” encompassing the famous TIFFANY mark owned by Tiffany and Company (“Tiffany”), is merely a generic term for a type of...
View ArticleData Breach Wall of Shame: 2013's Highlights and Lessons
Since 2009, the HHS Office for Civil Rights (“OCR”) has posted all large data breaches – those that involve 500 or more individuals – online on its so-called “Wall of Shame.” In 2013, 160 large data...
View ArticleGuilt by Geolocation? Bulk SMS Intimidation of Protesters in Ukraine
Reports that the Ukrainian government may be tracking the movements of anti-government protesters using their cellphones raises a number of difficult questions for telecommunications providers...
View ArticleSecond Circuit: TCPA Class Actions Permitted in New York Federal Courts
A recent shift in 2nd Circuit law may lead to a rise in class actions under the Telephone Consumer Protection Act (TCPA). See Bank v. Independence Energy Grp. LLC, 736 F.3d 660 (2d Cir. 2013). After a...
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