Category Archives: Cyberlaw Upddates

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Entrepreneurship in America and the impact of Immigration Visas (Start Up Visa and L1)

Many tech startups are started by immigrants to the United States and they require a visa to continue to stay in the U.S.  Often, the startups are created and operated by immigrants that do not know if, they will be … Continue reading

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The Defend Trade Secrets Act-Ex Parte Seizure Orders, Really?

It still is not clear to me as to whether or not, the Defend Trade Secrets Act is needed in light of the Uniform Trade Secrets Act adopted by most United States.   The expansion of the Economic Espionage Act … Continue reading

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Scandalous and Disparaging or First Amendment Protected Free Speech? To Trademark or Not to Trademark?

There was a new Ruling by the Federal Circuit Court of Appeals that stated that the First Amendment Protects the use of the trademark “Slant” by a music band and it is entitled to register the mark.  This in stark … Continue reading

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Copyright Syndication and Online Content Distribution!

In the past, copyright syndication was generally a method of licensing copyrighted videos, music, television episodes and movies to a variety of broadcasters in return for royalties.  This generally entails licensing content for a return of royalties or percentage of … Continue reading

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Change Management Protocols and Drafting Good Master Technology Service Agreements!

How do you draft a good Master Technology Service Agreement?  What do you consider?  What is reasonable? What is foreseeable?  What is too remote? How do you respond to an Evidence Preservation Letter? What is your clients’ doom and gloom fears?  These are all things that all technology and information technology consultants and teams have to consider and make good decisions on.  Without having a good team of professionals that can identify the areas of risk for the clients, the method and means of exploiting known or identified vulnerabilities, and creating a prompt data security protection protocol you may end up losing out from a change in ISPs or IT vendors.

Having good change management procedures is vital to the success of your clients and to protect them from many would be competitors looking to acquire your clients’ knowledge, trade secrets and intellectual property.  A good first step for protecting your clients is using good provisions in your Master Technology Service Agreements that all vendors have to comply with to ensure that the proper procedures are followed to ensure that key personnel, key clients, key vulnerabilities, key consultants and key terms and caveats are negotiated and drafted to protect against reasonably anticipated problems.

The Master TSA allows for a method of interjecting vital controls that can be adapted to the needs of the clients–sometimes all that is needed is a wise and seasoned Chief Technology Officer (“CTO”).  Other times–key schedules and predefined procedures to follow for implement changes in information technology services or hardware.  Sometimes good limitations on damages, warranties and representations and third party indemnification provisions are required to ensure that your clients are protected from potential errors in the change management procedures.

Finally, having good enforcement and corrective actions predefined and provided for in the Master TSA will save you a lot of headaches down the line–including delays based on the need for board or shareholder’s approval, manager or member’s approval, or similar delays that may be required in following corporate formalities.  Sometimes a rigid adherence to corporate formalities can allow a problem to become bigger over time and based on delays–it is generally advisable to deal with these types of data security problems sooner rather than later.

For more go to: http://www.bipeblawg.com, http://www.vrplawgroup.com, http://www.eebrunchclub.com

EEBC-It’s Just Brunch Club! Fall 2014 Start Up Competition–Special Thank You to the Panelists!

Third Installment of the Fall 2014 Competition Thank You to the Panelists! Paul Durbin of Miller and Canfield, Lt. Governor Sheila Simon running for Comptroller of Illinois, Ron Kirschner founder of Heartland Angels, Tom Kastner Woodbridge International and GP Ventures, William Bennett of Level Office and Vihar R. Patel  Founder of EEBC-It’s Just Brunch Club! and Managing Attorney for VRP Law Group.

This was a special privilege and honor to have the collective experience, guidance and wisdom of all the panelists to be a great opportunity for the sharing and exchanging of ideas and knowledge for the benefit of Chicago Entrepreneurs and the StartUp Community!

For more go to: http://www.eebrunchclub.com or http://www.vrplawgroup.com Fall2014EEBC_Thank You_Announced_Press Release_102314

Copyright Protection: The Lesser Known and less Attractive Form of Intellectual Property Protection!

Clients often, ignore the need to copyright their creative content, because of a perceived deficiency in the type of protection it offers.  There is a tendency to believe that Copyright is a very soft form of protection that would not allow the holder to actually license or make the funds that it needs to acquire, police and enforce the copyright.  This is not entirely new news to most intellectual property attorneys or cyber-lawyers.

However, Copyright protection is actually a very good form of protection for creative content and relatively inexpensive to acquire.  The filing fees for most applications are less than $35-65 per application.  Moreover, the legal fees vary, but for most simple applications for routine online creative content or works the legal fees are between $500-$1500.   The more complex the work or the sophisticated the works and the larger the size or volume of the electronic deposit–the more expensive the copyright application.  

We recommend creating copyright portfolios that allow you to build a library of protected works based on creative content for blogs, websites, user interfaces, mobile applications, drawings, figures, schematics, photographs, videos, songs, and a variety of other creative content that helps your online business succeed.  Most importantly, the Copyright Portfolio is easy to maintain and has an extremely long duration for protection of the Works or Content.  

It is vital to the success of follow through works or creations in the form of producing derivative works or content in other mediums of distribution.  The greater the number of copyrights in your copyright portfolio–the easier it is to find ways to monetize it and develop monitoring and enforcement policies by tracking subscribers, visitors, users, and clicks or event analytics information. Sending a quick DMCA Take Down Notice and a cease and desist letter and often, acquire statutory fees and legal fees.   

For more go to http://www.vrplawgroup.com, http://www.iptrialattorney.com, http://www.eebcbrunchclub.com, and http://www.chicagobusinesscounsel.com

Trademark Regulations and the Likelihood of Confusion test for trademarks of Similar Sounding Characters!

The analysis of trademark infringement and likelihood of confusion is really a question of the nature and character of the mark and the commercial impression it creates in the minds of the consumer.  First, and foremost, a trademark has to be a known word in the English language to be pronounced as a word in the English language.  Also, in order to ensure that a trademark is pronounced properly in a foreign language or under the doctrine of foreign equivalence–the mark must actually be a known word in some language before there is anything to do with pronouncing a word properly.

For example, the word STON and the word STONE although similar in appearance are not pronounced in the exact same way.  In fact, it is important for you to first, recognize what the word is as either, a slang term or an actual English or foreign dictionary with slang translations.  If there are any other similarities in appearance, the appearance must be consistent with the official English or Foreign language translations before the words can be considered similar with respect to their actual appearance.  Although there may be some chance that someone mistakenly assumes that the STON mark is the same in appearance as the STONE mark, the reality is the commercial appearance and impression of the marks in the marketplace is what controls.

Otherwise, the consumers will recognize that STON as used in the marketplace is not even a recognized word and not pronounce it in the same way as the actual English word of STONE.  Thus, you cannot utilize definitions that are consistent with the English language for something that is not an actual known word.  Moreover, to apply the doctrine of foreign equivalence the word must be an actual foreign word to be considered to be the equivalent of the English equivalent.  It will not be considered a foreign word if, it does not have the same characters as a known foreign word.  Moreover, the mark STON has no foreign equivalents, thus, there is no way for any of the definitions or translations STONE to be used to provide an equivalent meaning for STON.

For more go to:   13-1448.Opinion.7-14-2014.1