The attorneys at Morningstar Law Group are leaders who are frequently asked to share their legal insights and expertise. Here is a sampling of the wisdom our attorneys are sharing at industry conferences, in published articles, and at continuing legal education events.
Mercedes Case Reveals Integrated-Work Copyright Stopgap
December 15, 2019
As Appeared in Law360, October 26, 2019 Stripped, the Mercedes-Benz USA LLC G500 runs $124,000 (manufacturer’s suggested retail price) and comes in 24 colors. In the lead-up to the January 2018 North American International Auto Show, Mercedes planned an ironic, down-scale Instagram Inc. campaign featuring photos of its Jeep-like G500s barreling through Detroit’s boho Eastern […]
Not So Terrific Understanding of Trademark Law There, Tom …
October 21, 2019
This recent article about Tom Brady and his unsuccessful efforts to register the trademark “Tom Terrific” came to my attention the other day: https://www.espn.com/nfl/story/_/id/27445881/not-terrific-tom-brady-trademark-refused. As an IP lawyer, I felt compelled to set the record straight and clear up any misconceptions Brady may have conveyed about trademark law to the general, non-(IP) lawyer public. First […]
2019 CLE: CCPA Takeaways
May 10, 2019
At Morningstar Law Group's annual CLE program, Orla O’Hannaidh, a Data Privacy and Security Attorney with Red Hat, provided a list of the key takeaways from the CCPA. Click here to review her presentation.
Copyright Law Update: New DMCA Regulations Loosen the Reins for Internet of Things
November 9, 2018
You may know the Digital Millennium Copyright Act (“DMCA”) from the widely deployed DMCA take-down notices that copyright owners use to remove putatively infringing content from the Internet. Enacted in 1998, the DMCA is more, however, with provisions scattered throughout the Copyright Act. One such DMCA provision comes into play every three years. Section 1201…
Frequently Asked Questions - Publishing Agreements
July 19, 2018
What rights does a publisher acquire from an author? What rights should an author grant? A publisher typically wants the author to authorize an exclusive, worldwide license to exercise all of the author’s rights under copyright and the ability to authorize others to do so throughout the entire term and territory of the agreement. This might serve an author’s purposes but only if it doesn’t constitute “biting at air.” Know what your publisher has accomplished for writers who came before you with respect to each of the rights under discussion. Ascertain whether your publisher has arranged for such things as foreign-language editions or the sale of motion picture rights, and if not, grant such rights sparingly if at all. Negotiate a reversion of any right not exploited by the publisher within a reasonable period.
What CEOs and Other Executives Can Learn from the Equifax Data Security Breach Fiasco
September 12, 2017
by Richard J. Caira, Jr. Last week there was yet another massive data breach of an ostensible industry bastion – Atlanta-based credit bureau Equifax – resulting in the loss of the personally-identifiable information of over 143 million people in the United States. For perspective, the entire U.S. population is currently around 325 million, of which…
Supreme Court Decision in Lexmark Case Delivers Blow to Patent Holders
June 1, 2017
By Jennifer Van Doren, Partner, Morningstar Law Group The U.S. Supreme Court issued its decision in Impression Products, Inc. v. Lexmark International, Inc. on May 30, 2017. In it, the Court continued its recent expansion of the patent exhaustion doctrine, delivering a blow to patent holders and finding that a patent holder (or “patentee”) cannot…
COPYRIGHT OFFICE REPORT ON SOFTWARE-ENABLED CONSUMER DEVICES
March 29, 2017
By: Mitch Tuchman Software-enabled consumer devices are ubiquitous. Think not only personal computers—desktop, laptop, handheld—but thermostats, cameras, refrigerators, power tools, self-driving cars, even dolls, toys and games, among others devices too numerous to mention. This was not so in 1976 when Congress enacted the present Copyright Act (the “Act”), including computer software for the first…
Client Alert: New FTC Acting Chairman Signals More Pro-Business Approach
February 8, 2017
By Jennifer Van Doren Following President Trump's designation of Maureen J. Ohlhausen as Acting Chairman of the Federal Trade Commission, many businesses are breathing a hopeful sigh of relief. Ohlhausen has been a Commissioner since April 4, 2012, in a term that ends in September 2018. Since her designation as Acting Chairman, Ohlhausen has signaled that…
Promotions and Data Privacy: What are the Risks?
July 29, 2016
By Catherine Otto Sweepstakes are a great way to build interest in your business or product. Consumers seem to be more than willing to hand over their personal information (in the form of name, email address and phone number) for the chance to win a gift card, free merchandise or free tickets. Sweepstakes are fun,…