Author Archives: John DiGiacomo

Last Friday, Google published a blog post outlining a new policy to directly combat one of the web’s darkest corners: revenge porn. Revenge porn—and its even more sinister counterpart, “sexploitation”—have affected a large swath of people, mainly women. Revenge porn is the term used to describe the act of posting scandalous, sexually explicit pictures or […]

Before snapping that photo of your delicious and ornately plated vegan omelet, make sure you get the light right. Get the proper angle, make sure the omelet is in a good mood—don’t be lazy! Why? Well, because that picture may be worth up to $90,000. We’re as surprised as you are. But instead of letting […]

In this episode, we provide tips on selecting a business or product name and registering it as a trademark. Download our free e-book! Music: “Dueling Duality” and “Where Do You Belong” by Cullah. Transcript: Eric:                 Hello and welcome to Ask and Answered! Revision Legal’s Podcast that provides legal tips, insight and answers for people and […]

In this episode, we discuss online privacy, privacy policies, and we answer the question, “Where is the new Tool album?” Music: Cullah, “Rhythm of the Funk;” Cloudkicker, “Digital Lightning.”   Transcript: Eric:                 Hello and welcome to Asked and Answered, Episode 5, brought to you by Revision Legal and Intellectual Property Law and Internet Law Firm. […]

In overturning a summary judgement ruling to the contrary, the 11th Circuit ruled that a digital representation of stained wood used in laminate flooring may be copyrightable. To make laminate flooring that looks like real wood floors, Mannington Mills, Inc. creates large digital images that attempt to mirror natural wood designs that are then layered […]

Sorry Gavin, Your Lawsuit is Doomed Even Under the Work-For-Hire Doctrine In the HBO show “Silicon Valley,” the antagonist CEO of a fictional company is suing the shows protagonist under the work-for-hire doctrine. Richard, the young software developer is on the verge of changing the technology industry—and making loads of cash—with a brand new, super-awesome […]

A recent opinion issued by the United States Court of Appeals for the Federal Circuit could lead to the disqualification of one of the Lanham Act’s most controversial provisions. That provision is 15 U.S.C. § 1052(a), otherwise known as the “disparagement standard,” which allows the United States Patent and Trademark Office (USPTO) to reject trademark […]

In Episode 4 of Asked and Answered, we class up the joint by speaking with fashion law blogger Greta Hogan. We discuss fashion and intellectual property and answer the question, “How should fashion startups think about legal issues?” Music: Jackit, “Questions Answered;” Mouthguard, “Miami Corrector” Transcript: Eric:                 Hello and welcome to Ask and Answered Revision […]

The Court Giveth, and the Court Taketh Away (Almost $4 million, that is) In a recent opinion, the Fourth Circuit issued a verdict that reversed in part heavy damages leveled against a paper-towel producer accused of trademark infringement by a paper-towel-dispenser manufacturer. An inflated, original damages award nearing five-million dollars was reduced down to under […]

Did the USPTO Make a SMART Decision? Literally, yes. The United States Patent & Trademark Office’s (USPTO) Trademark Trial and Appeal Board (the Board) just published a binding opinion holding that the applicant mark SMART BALANCE for frozen meals would not be confused with SMART ONES for frozen entrees. The Board was faced with three […]