Author Archives: John DiGiacomo

If a copyright owner thinks that copyright infringement is occurring online, a DMCA takedown notice can be sent to the internet service provider(s) and web platform(s) on which the infringing content has been posted or uploaded. The purpose of the takedown notice is to prompt the service provider and/or website to take down the infringing […]

An interesting case was recently decided in the Eastern District of Michigan involving trademark and other claims by a company selling “Detroit Coffee” against a company selling products under the name “Detroit Bold Coffee.” See Detroit Coffee Company, LLC v. Soup For You, LLC, 396 F. Supp. 3d 754 (E. Dist. Mich. 2019). The plaintiff […]

In today’s business environment, domain names and websites are often key assets when a target company is being acquired during a merger/acquisition. Due diligence with respect to the domain name(s) and any websites is essential. In general, due diligence is the process by which the buyer verifies various aspects of the transaction. Due diligence is […]

If you are buying a business or business assets, almost certainly, the Purchase Agreement will contain some provision for conducting due diligence. Due diligence is an often-lengthy process that occurs after the Purchase Agreement is signed and before the sale is consummated. The process involves confirming all of the details with respect to various aspects […]

Entrepreneurs with new board games must legally protect their new invention/concept by using all of the available intellectual property mechanisms. These include copyrights, trademarks, and patents. While some intellectual property rights come into being automatically, like copyright protection, full legal protection is only accomplished through official registration with the relevant governmental office. Intellectual property protection […]

As businesses begin to reopen and as we all continue to deal with the effects of the COVID-19 pandemic, businesses must be cautious with data that has been collected during this time. Many of the new privacy statutes require that consumers be given notice, at the point of collection, that personal information is being collected […]

Giant Eagle is facing at least 32 class action lawsuits from customers related to its wear-a-mask policy. Giant Eagle is a grocery store and pharmacy chain with stores in midwest states like Ohio, Pennsylvania, and Indiana. See news reports here. Like many retailers, Giant Eagle is walking a fine line between trying to prevent transmission […]

A recent decision from the US Court of Appeals for the 11th Circuit has held that web scraping data from a public website can, under some circumstances, be deemed a misappropriation of trade secrets. See Compulife Software, Inc. v. Newman, Case Nos. 18-12004, 18-12007 (11th Cir. May 20, 2020). The case was decided under the […]

The US Supreme Court recently issued its decision in Allen v. Cooper, 140 S.Ct. 994 (March 23, 2020) holding that States are immune from copyright infringement lawsuits. Under the 11th Amendment to the US Constitution, generally, States retain their sovereign immunity and Congress has no power to override that immunity. Sovereign immunity means that a […]

In 1986, Congress enacted the Computer Fraud and Abuse Act (“CFAA”). See 18 U.S.C. § 1030, et seq. The CFAA is one of the major federal statutes that empowers the federal government to seek criminal penalties against hackers and cybercriminals. The statute has also been used to punish employees and others who “misuse” computers to […]