Author Archives: John DiGiacomo

The Lanham Act The Lanham act permits a plaintiff to bring a claim of false advertising in federal court. The Lanham provides that “Any person who…uses in commerce any…false or misleading description of fact, which…in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, […]

Entrepreneurs and others often hear and read about the need to “create a brand” to market services or products. Indeed, there is a marketing trend suggesting that individuals need to “brand themselves” to achieve personal, financial and career success. This emphasis on “branding” can create some confusion since “branding” and “trademarking” are often seen as […]

Under both federal and state laws, trade secrets are legally protected from being stolen by employees, former employees, competitors, cybercriminals, and anyone else. Under both federal and state laws, a trade secret is some information or data that is kept secret that “… derives independent economic value from not being generally known to, and not […]

The Copyright Act gives legal protections to original works of authorship that are fixed in a tangible medium. The rights granted by the Copyright Act include a “bundle” of rights including, among other rights, the right to make copies of the original work and the right to exclude others from using or making copies of […]

A US District Court judge recently answered this question in the negative. Indeed, the court stated that the “clear answer is no.” See Thaler v. Hirshfeld, Case No. 1:20-cv-903 (US Dist. E.D. Virginia September 3, 2021). The court held that the “plain language” of the US Patent Act provides that only inventors are entitled to […]

To streamline hiring, many employers have begun using artificial intelligence (“AI”) and machines learning programs to screen employment applicants. However, this has given rise to concerns of AI bias. Indeed, to combat this bias in the use of AI, New York City has just passed an ordinance banning bias in the use of AI and […]

When a company violates data privacy laws, the company will face civil lawsuits from consumers and enforcement actions from state and federal government regulators. Civil money judgments can be massive as can penalties imposed by regulators. But remitting payment is never the final stage in resolving a privacy violation. Even with civil cases, there may […]

Inherently distinctive trademarks are the best type of trademark and they are the easiest trademarks to successfully register with the US Patent & Trademark Office (“USPTO”). In general, trademarks are words, phrases, designs, logos or other things that are used on products (or with services) to uniquely identify a commercial source for the products (or […]

A “written description” is one of the many requirements for obtaining a patent. The written description requirement is contained in the Patent Act which states that the “specification shall contain a written description of the invention in such full, clear, concise, and exact terms as to enable any person skilled in the art . . […]

In July 2020, the Court of Justice of the European Unition declared the Privacy Shield between the European Union (EU) and the U.S. be an inadequate means of privacy protection. This was done on the grounds that the surveillance programs of the U.S. Foreign Intelligence Surveillance Act (FISA) failed to properly safeguard personal data from […]