John DiGiacomo

Affiliate marketers can face legal liability for promoting defective or misleading products. Learn what the FTC requires, when you can be sued, and how to protect yourself.

The USPTO’s failure-to-function doctrine rejects trademarks that don’t identify a unique source. Learn what causes these refusals, why distinctiveness matters, and how to choose a stronger mark.

If another business has registered your trademark, you may still have legal options. Learn how first-to-use rights, USPTO oppositions, and common law claims can protect your brand.

The copyright discovery rule can extend the statute of limitations for infringement claims. Learn how courts apply it and how far back you can recover damages under the Copyright Act.

Learn how FTC deceptive pricing rules and California’s Business & Professions Code Section 17501 apply to online retailers using strike-through and discount pricing tactics.

In today’s digital age, many customers rely on online reviews when deciding where to eat, shop, and even do business. Reading reviews is just as effortless as posting them. With just a few clicks, anyone can post feedback that reaches thousands, and sometimes millions of people. While honest criticism is part of doing business, not […]

Data breaches are no longer rare, headline-only events. Data breaches can happen to any business, regardless of size, from startups and small businesses to established companies. When customer data is stolen, whether by hackers, leaked by an employee, or accidentally exposed due to a website error, one question comes to mind: Who is responsible? Nowadays, […]

A few years ago, e-commerce was an uncharted territory for many. Today, e-commerce has become the backbone of countless businesses and continues to grow. However, the legal rules governing e-commerce are still unfamiliar to many businesses. Selling online is not just about a smooth checkout and proper marketing; it also comes with legal responsibilities that […]

In today’s competitive market, your brand is one of your most valuable assets. People typically recognize your brand through its name and trademark. It is what makes your clients recognize your products and services, distinguishing them from others. Unfortunately, trademark infringement is a significant concern for businesses, particularly online businesses, where counterfeit goods or fake […]

When running a business, customers have various ways of finding you. In addition to visiting you at your physical location or DM-ing you on social media pages, customers may also find you through your domain name. It may also be the way customers remember you. That raises an important question for growing brands: Can a […]