Author Archives: John DiGiacomo

A “Takedown Notice” is a tool for protecting intellectual property like copyrights and trademarks. As the name implies, a takedown notice is a demand that certain proprietary material be taken down from the internet or other public places. “DMCA” is an acronym referencing a federal statute enacted to protect copyrights in the internet age called […]

Plants can be patented under the United States Patent Act. See 35 U.S.C. §§ 161-164. Like a utility patent, a plant patent will protect the patented plant for 20 years from the date of filing the application. The patent gives the owner the right to exclude others from asexually reproducing the plant, and from using, […]

We here at Revision Legal have written extensively about the need for businesses to protect consumer privacy with respect to data. Businesses are required to keep private consumer data secure from hacking and cybercriminal activity, and they must avoid collecting and misusing consumer data in violation of privacy laws and regulations. Some recent news with […]

As recently reported by the Associated Press, the mayor of Cambridge, Maryland has been arrested and charged with posting revenge porn online. The mayor is accused of posting nude photos of a woman with whom he was in a romantic relationship. According to the report, he also posted her name, birthdate and captioned the nude […]

Trademarks with respect to services, “service marks,” CAN be registered with the US Patent & Trademark Office (“USPTO”). Generally, the same rules apply. For example, the proposed service mark must be used in interstate commerce, must be unique and not already be used by another business, and must identify a commercial source for the service. […]

Yes, in some circumstances, the Digital Millennium Copyright Act (“DMCA”) prohibits owners of certain computer and electronic equipment from attempting to repair the devices by accessing the computer software. From the vantage of  the manufacturer of the video game console, preventing access to the console software helps prevent piracy. But, there are exceptions, and consumers […]

If your business has experienced a data breach, most states have laws requiring various forms of notification. Typically, a business must notify law enforcement and/and designated state officials (but not always). Affected consumers must be notified if personal, unencrypted data has been accessed and/or exfiltrated. For example, in Michigan, if there has been unauthorized access […]

In the United States, in the last year, legislators have introduced and debated comprehensive consumer data privacy bills in at least 37 States. Many bills failed to pass Committee votes, but this is still a remarkable development given that the very first consumer data privacy law was only enacted in the United States four years […]

An interesting opinion was recently issued by the Federal Circuit concerning how to draft patent claims and the importance of the words used. See Evolusion Concepts, Inc. v. Hoc Events, Inc., No. 2021-1963 (US Fed. Circuit, January 14, 2022). The case involved a patent related to firearm magazine conversion kits. In particular, the patent at […]

With the growing commercial and tourism use of space, there are some intriguing questions about how patent, trademark and copyright law will apply with respect to intellectual property created and used in space. For now, legal issues are nonexistent (or only theoretical) on the creative side. A patentable invention created in space — which is […]