Author Archives: John DiGiacomo

What is “Accidental” or “Innocent” Copyright Infringement

What is “Accidental” or “Innocent” Copyright Infringement

Copyright

Accidental or innocent copyright infringement occurs when copyright protections are violated without specific intent to commit infringement. Copyright law protects original works of authorship and allows the owner to prohibit copying, use, distribution, performance, public display and/or the making of derivative works without permission. Some of the most common circumstances when accidental/innocent copyright infringement happens […]

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ADA Website Compliance Lawsuits: Federal Judges Say Websites Are Not “Places of Accommodation”

ADA Website Compliance Lawsuits: Federal Judges Say Websites Are Not “Places of Accommodation”

Internet Law

Is your website compliant with the federal Americans With Disabilities Act? See 42 U.S.C. § 12101. If you do not know, it is time to seek legal advice and counsel from ADA website compliance lawyers like the ones at Revision Legal. The ADA requires that all “places of accommodation” be accessible to those with disabilities. […]

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Patent Licensing: What are FRAND Terms?

Patent Licensing: What are FRAND Terms?

Patent

Some inventors are fortunate enough to create a technology or device that becomes what is called a “standard essential” technology/device for an entire industry. Generally speaking, “standard essential” technology is that which is necessary to ensure compatibility between similar products made by different manufacturers. Consider a typical smartphone. A smartphone made by one company will […]

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Trademark Litigation: What is Trademark Claim Preclusion and Does it Apply to Decisions of the Trademark Trial and Appeal Board?

Trademark Litigation: What is Trademark Claim Preclusion and Does it Apply to Decisions of the Trademark Trial and Appeal Board?

Trademark

Claim preclusion, also called “res judicata,” is a judge-created legal doctrine that is intended to prevent litigants from endlessly litigating the same issues over and over again in different proceedings and before different tribunals. Claim preclusion applies when a “court of competent jurisdiction” has entered a “final judgment” on the merits of a case between […]

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Impossible Burger Patent Litigation: Patenting Organisms and Flavor

Impossible Burger Patent Litigation: Patenting Organisms and Flavor

Patent

An interesting patent case was recently filed by the company that makes “Impossible Burgers” which are plant-based food products made by Impossible Foods. See BloombergLaw media report here. As reported, the key ingredient is something called a “heme” which, for Impossible Foods, is a soy leghemoglobin molecule found naturally in plants and animals and is […]

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Utah Becomes Fourth State to Enact Comprehensive Consumer Privacy Statute

Utah Becomes Fourth State to Enact Comprehensive Consumer Privacy Statute

Internet Law

Utah has become the fourth state to enact a comprehensive consumer privacy statute. See Utah Consumer Privacy Act (“UCPA”). California was the first State to enact such a law in 2018 and, since then, Virginia and Colorado have passed similar legislation. The UCPA will go into effect on December 31, 2023. On the “up side,” […]

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New York’s Cybersecurity Law Doesn’t Just Apply to New Yorkers

New York’s Cybersecurity Law Doesn’t Just Apply to New Yorkers

Internet Law

The Law in question is 23 NYCRR Part 500, also referred to as the Stop Hacks and Improve Electronic Data Security Act (“SHIELD Act”).  Passed back in 2017, the state regulation, a first of its kind in the nation, sets comprehensive cybersecurity compliance requirements for all licensed entities that operate under New York Banking, Insurance, […]

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Current Status of Crypto Laws Under Securities and Tax Laws

Current Status of Crypto Laws Under Securities and Tax Laws

Internet Law

Bitcoin was originally created in 2009 to serve as a currency outside the control central banks. Today, more than 6,800 different cryptocurrencies are trading across the world. The IMF has reported that the market capitalization of the cryptocurrency market nearly tripled between January and May 2021 to $2.5 trillion.  At the federal level, little in […]

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May It Please the Internet: Understanding Asset Purchase Agreements (APA Series Part 1)

May It Please the Internet: Understanding Asset Purchase Agreements (APA Series Part 1)

Podcast

Understanding Asset Purchase Agreements (APA Part 1) | RSS.com Understanding Asset Purchase Agreements In this weeks episode, Eric and John break down the fundamentals of Asset Purchase Agreements (APA). The basics: What is it, who signs it, and what are you selling. Parting Shot of Truth John: Hey, everyone. This is John DiGiacomo of Revision […]

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