Author Archives: John DiGiacomo

What Should You Know About a Trademark Statement of Use

What Should You Know About a Trademark Statement of Use

Trademark

A “Trademark Statement of Use” is a legal document that provides sworn proof that a given trademark is being used in interstate commerce on the products or services with which the trademark is associated. More specifically, a Trademark Statement of Use is used with “intent-to-use” applications for federal trademark registration. If you have questions about […]

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Protecting Your Website Against California “Wiretapping” Claims

Protecting Your Website Against California “Wiretapping” Claims

Internet Law

As an e-commerce business owner, you probably don’t spend a great deal of time thinking about wiretapping laws while operating your business. However, a recent wave of lawsuits in California have opened the door to expose online businesses to liability for recording live chat functionality with their customers. It remains to be seen whether these […]

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How Much Money Does it Cost to Hire a Video Game Attorney to Copyright a Game and Draft Contracts for Employees?

How Much Money Does it Cost to Hire a Video Game Attorney to Copyright a Game and Draft Contracts for Employees?

Internet Law

In general, talented and experienced lawyers use three types of billing arrangements: hourly billing, flat fee, and contingency fee. These are the three “pure” billing arrangements, although some Law Firms might negotiate a “blended” fee arrangement. Hourly billing entails your attorneys tracking their time and invoicing you for legal services based on tenths or quarters […]

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What is a Common Law Trademark?

What is a Common Law Trademark?

Trademark

Trademarks are any sort of logo, word, phrase, design, mark, or another thing (such as a color) that identifies a unique manufacturer of a product or provider of a service. These identifying marks, words, logos, or designs become legally protected property once they begin being used in commerce. Trademarks are legally protected from being used […]

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Non-Compete Agreements: When the FTC Won’t Let You Be

Non-Compete Agreements: When the FTC Won’t Let You Be

Corporate

Two trailer park employees go round the outside, round the outside… Guess who’s back? Shady’s back—and by that, we mean the legality over non-compete agreements. Recently, the Federal Trade Commission put out a press release notifying everyone of a new proposed rule that would effectively ban noncompete clauses and could potentially raise employee wages by […]

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I Have Been Cyber-Smeared: Is It Worth Suing for Defamation?

I Have Been Cyber-Smeared: Is It Worth Suing for Defamation?

Internet Law

In many cases, yes, it IS worth suing for defamation. This is very true if the defamation has caused significant monetary losses. Online defamation — often called cyber-smearing — is particularly pernicious and can significantly undercut a person’s or a company’s ability to attract customers and business opportunities. If you have been cyber-smeared or otherwise […]

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How Much Do Copyright Lawyers Take in Fees From a Copyright Settlement?

How Much Do Copyright Lawyers Take in Fees From a Copyright Settlement?

Copyright

The amount of fees that a Copyright Law Firm — like Revision Legal — will take from a copyright settlement depends on the fee arrangement agreed to between the client and the lawyers. Further, if litigation is filed, the U.S. Copyright Act allows for the prevailing party in the case to be awarded their “reasonable […]

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What is a Suggestive Trademark, and Why is it a Good Choice?

What is a Suggestive Trademark, and Why is it a Good Choice?

Trademark

In general, there are five types of word or phrase trademarks that are on a spectrum of strength and distinctiveness: fanciful, arbitrary, suggestive, descriptive, and generic. Fanciful word trademarks are made-up words like EXXON and PEPSI. The words have no other meaning than the association that the words have with the product or service being […]

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