Category: Corporate

Montana Data Breach Notification Law has been updated to expand the definition of “personal information” and also require notice to the state attorney general’s consumer protection office. A data breach is generally a security incident in which sensitive, protected, or confidential data is copied, transmitted, stolen, viewed, or used by an individual unauthorized to do […]

The newest example of revenge porn allegedly comes from a Sprint store located at 6601 N. Davis Highway, Pensacola, Florida. It is alleged that a Sprint employee, while serving a customer, downloaded sexually explicit content from her phone and posted it to multiple pornographic websites. It is our understanding this event is currently being investigated. […]

Yelp’s Terms of Service Section 5(A) of Yelp’s Terms of Service states: [A user] may expose [herself] to liability, for example, Your Content contains material that is false, intentionally misleading, or defamatory . . . contains material that is unlawful, including illegal hate speech . . . violates or advocates the violation of any law […]

Affirmative Defenses in Trademark Infringement Affirmative defenses in trademark infringement cases is an excuse for the conduct of a potential trademark infringer, which would allow continued use of the mark. There are two affirmative defenses to trademark infringement: fair use and parody. Fair Use Defense A fair use defense in trademark law applies when a […]

What is Defamation? Whenever there is a statement made that injures someone’s reputation, the terms defamation, libel, and slander are thrown around. The terms are commonly misused interchangeably. Defamation is the act of making a false statement that harms someone’s reputation. Both libel and slander are forms of defamation. All of the terms fall under […]

John DiGiacomo has a new article published on PracticalEcommerce.com: How to Protect Against Scraping of Prices, SKUs. ….storeowners will often scrape prices from their competitors’ websites. By analyzing this data, storeowners can reduce their cart abandonment rates, obtain insight into their competitors’ inventory, and ensure that their goods are competitively priced — on the fly. […]

What is Nominative Use? What is nominative use? When most people need to blow their nose they will ask for a Kleenex. Most people do not realize that what they are actually asking for is a certain brand of face tissue. However, many people equate Kleenex with all face tissue regardless of the brand. This […]

In May 2000, the FTC Dot Com Disclosure requirements were released. That document explained the applicability of the Commission’s consumer protection statutes, rules, and laws to online advertising and sales. In May 2011, the FTC sought to modify and update the document according to the innovative changes in the online world. The updated document was […]

Safe Harboring eSports Broadcasting A primary player within the eSports arena is the League of Legends, which is currently in the center of a complicated copyright dispute. Among the participants in this issue are Twitch, Azubu, and Riot. The dispute centers around “SpectateFaker,” a Twitch stream that released raw footage of Lee “Faker” Sang-hyeok’s games […]

In the June 2016 decision of Kirtsaeng v. John Wiley & Sons, Inc. (2016), the Supreme Court held that in copyright cases, district courts should give “substantial weight” to the objective reasonableness of the losing party’s position when determining whether to award attorney’s fees. The Court vacated the Second Circuit’s ruling against awarding attorney’s fees […]