Author Archives: John DiGiacomo

Yes and no. An applicant for trademark registration must eventually sell some products/services in interstate commerce to obtain a fully registered trademark. However, the application process can begin before the first sale. There are two types of applications for trademark registration. One type is called an “intent-to-use” application. As the name implies, this type of […]

When considering the sale of an e-commerce business, often, some of the most valuable assets being sold are the target’s trade secrets. These may involve confidential customer/user account lists, vendor and supplier lists, advertising methods, shipping and customer service models, and more. As part of the process of courting and finding buyers, many parties may […]

When social media influencers begin to achieve a certain level of success, it is time to start operating your business through a corporate business entity. Indeed, social media influencers are operating businesses. The purpose of creating a corporate entity is to protect personal and family assets from being seized by creditors because of business-related adversities. […]

Media and news reports in 2024 have reported a slowdown in funding and investment activity for e-commerce roll-up companies and aggregators. See, for example, this report from The Economic Times. However, despite the slow-down, funding for and acquisition of e-commerce brands continues. For example, aggregator Goat Brand Labs — focusing on the roll-up of India-based […]

As we have discussed several times on this blog, there are major issues with copyright laws and the use of generative artificial intelligence (“AI”) programs like OpenAI’s chatbot ChatGPT. At least two dozen cases have been filed by various plaintiffs and groups around the United States making various copyright infringement claims against the companies that […]

More and more, morality clauses are becoming standard features in executive-level employment contracts. For decades, such clauses have been included as standard practice in sports, film, TV, and other types of celebrity employment contracts. Given how important reputation has become in modern business operations, morality clauses are now being added to employment contracts. Typically, morality […]

Owners of trademarks can allow others to use those trademarks. This is done through the preparation and execution of a trademark license. This is a type of agreement or contract between the owner of the trademark (the “licensor”) and the person or company who will be allowed full or partial use of the relevant trademark […]

There are some significant changes coming to the United States Patent and Trademark Office (USPTO) that will affect trademark filings beginning January 18, 2025. These changes include the introduction of the Trademark Center, new fees, and revised application requirements. Here is an overview of the key changes: The USPTO will retire the TEAS system, which […]

In today’s competitive e-commerce landscape, automated decision-making technology is becoming more and more important. From personalized product recommendations to targeted advertising and streamlined logistics, these systems help ecommerce businesses adapt and grow. But new regulations are on the horizon, and these changes could reshape the way e-commerce businesses use automation. The California Privacy Protection Agency […]

The Federal Trade Commission (FTC) has issued final amendments to its trade regulation rule concerning negative option plans, also known as the “click to cancel rule.” This rule aims to address widespread deceptive practices that prohibit customers from cancelling services in the same manner in which they signed up. Here’s a detailed summary of the […]