Morningstar Law Group – Raleigh Law Firm – Durham NC Attorneys

Insights - Intellectual Property & Technology

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.

Insight

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 […]

Insight

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.

Insight

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…

Insight

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.

Insight

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…

Insight

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…

Insight

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…

Insight

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…

Insight

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,…

Insight

Morningstar Law Group CLE 2016

February 16, 2016

Morningstar Law Group CLE: Current Topics for the Busy In-House LawyerFebruary 11, 2016 at the Durham Bulls Athletic Park Morningstar Law Group CLE 2016 from MorningstarLaw

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