Author Archives: Eric Misterovich

Some of the more perplexing issues in our data-driven world are the questions of data localization and export – that is, where data should be stored and how it can be moved. Up until recently, data and computer-housed information has flowed cross-border without much hindrance. In general, companies store data wherever it is convenient to […]

Most businesses are familiar with basic US business contracts and with the Uniform Commercial Code (“UCC”). Unless your business involves a significant component of international transactions, you may not be familiar with the Convention/Contracts for the International Sale of Goods (“CISG”). CISG law and CISG forms govern international sales of commercial goods, but not services, […]

Revision Legal is Chicago’s Internet law firm. Our attorneys, admitted to practice law in the State of Illinois and located just outside of Chicago in Michigan, have experience in handling Internet law matters in the Northern District of Illinois, which includes Chicago and the surrounding suburbs. Our Chicago Internet lawyers have handled the following Internet […]

In today’s market, every business has or should have an official company social media policy guideline or policy statement. Even if your business is small, a policy statement is essential. Indeed, TWO social media policy statements might be necessary if your business uses employees to promote “the brand,” to promote sales and/or to promote interest […]

As the calendar turned to 2018, a new German social media laws are set to be vigorously enforced requiring social media sites like Twitter, Facebook, etc. to remove hate speech, fake news, and “criminal content.” See BBC report here. While the new German law applies only to websites with 2 million or more members, that […]

Most nations with fully-developed trademark legal frameworks allow for opposition proceedings with regard to newly filed applications for trademarks. Most jurisdictions, like the United States, provide that opposition proceedings shall occur during the registration process, prior to issuance of the relevant Certificate of Registration. However, about 10 jurisdictions allow for opposition proceedings ONLY post-grant of […]

Many people are aware that the Lanham Act allows you to register a trademark. Many are less familiar with the fact that there are two registers: the Principal Register and the Supplemental Register. The Supplemental Register is governed by Sections 23-28 of the Lanham Act, codified at 15 U.S.C. §§ 1091-1096. What is the Supplemental […]

As we discussed here, section 1(b) of the Lanham Act allows a person to file a trademark application prior to using the mark in commerce. 15 U.S.C. § 1051(b)(1). To do so, an applicant must have a bona fide intent to use the trademark in commerce, and, as discussed previously, we typically advise that our […]

In general, no copyright protection is available for the design of something that is “useful.” “Useful” is defined by the Copyright Act as something with “an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information.” 17 U.S.C. § 101. For example, the designs for claw or […]

A recent California case reminds businesses and website owners that browsewrap and clickwrap agreements must be conspicuous for courts to enforce them. See Long v. Provide Commerce, Inc., 245 Cal.App.4th 855 (2nd Dist. 2016). It may be time to review your agreements to ensure they still comply with existing law. What are Clickwrap and Browsewrap […]