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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

Dumbing Down Some of the Privacy and Security Risks Associated With Smart Devices

March 25, 2020

Bluetooth sunglasses, temperature-controlled insulated bottles, voice-controlled dishwashers and other kitchen appliances, smart TVs, and doorbell cameras are just a handful of examples of the many everyday items that have been enhanced with “smart” capabilities to better fit within our increasingly connected and convenience-centric society. As we intensify our reliance on such “smart” Internet-of-Things (IoT) devices, […]

Insight

Is the COVID-19 Pandemic a Force Majeure?

March 13, 2020

The COVID-19 outbreak, now deemed a pandemic by the World Health Organization, is disrupting supply chains globally, leaving many companies unable to perform contracts or supply products to their customers, but is COVID-19 a force majeure that will shield affected companies from liability for non-performance?  Under US law, the answer depends primarily on the terms […]

Insight

Wing Wednesday, Yes, But No Taco Tuesday

March 12, 2020

Last year, shortly after news broke of Tom Brady’s unsuccessful attempt to register the trademark “Tom Terrific” (see my article about that here), there were reports of a few other intriguing, high-profile sports-related trademark matters that seemed deserving of some additional commentary.   Possibly not coincidentally, given Brady’s historic distaste for the State of Ohio […]

Insight

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 […]

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…

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