Author Archives: John DiGiacomo

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 […]

In patent law, there is a rarely-used and little-known defense to a claim of patent infringement called the “temporary presence defense.” The defense has its origins in English law and was recognized here in the United States in a Supreme Court case from 1856. It is now codified in the Patent Act at 35 USC […]

On February 8, 2022, IRA Financial was subject to a security breach that has resulted in the alleged loss of approximately $36 million in cryptocurrency assets. For many users, these assets constitute retirement savings that were invested with IRA Financial through the Gemini cryptocurrency exchange. IRA Financial has stated that it is monitoring the stolen […]

Business disparagement is a form of defamation, but directed at a business. In general terms, business disparagement, as defamation, is stating something false — provably false — about a business that causes injury or damage to the business. Importantly, expressed opinions are NOT defamation. Business disparagement can come in two forms — oral and written. […]