LEGAL THOUGHTS

This blog contains our personal opinions on legal topics that interest us.

February 24, 2020

For an online service provider to take refuge in the DMCA Safe Harbor for user uploaded content (17 U.S.C. § 512(c)), it must designate an agent with the US Copyright Office. 

In December 2016, the Copyright Office issued a rule to replace the old paper based system for...

February 20, 2020

A review of the process to obtain a medical dispensary license for cannabis in New Jersey provides an appreciation of multiple opportunities to improve the chances of success.  The following is a summary of positions that are not required by any statute or rule but wer...

February 16, 2020

There was a fascinating story about how automated bots are scraping Twitter for images with lots replies and then creating merchandise (Fortune link).  As these are automated bots, their actions can lead to some obvious copyright infringement issues. 

Image by Pete...

February 13, 2020

Over the last six months, I blogged a number of times about how consent for cookies must be explicit, affirmative and clear (see link 1, link 2, link 3).

A recent article examined consent management platforms (CMPs) and discovered not suprisingly that many businesses ar...

February 10, 2020

Last week on February 7, 2020, the USPTO issued new rules covering the filing of US trademark applications (see USPTO link to Exam Guide 1-20 Mandatory Electronic Filing and Specimen Requirements)

First, these rules were issued on February 7th and come into effect in 8...

February 6, 2020

Recently, one of my colleagues received a notice from the USPTO stating that a granted patent was subject to a PTA of 2038 days. 

What is a PTA?  A patent term adjustment (PTA) accounts for delays in the patent office's action examination and delays by the applicant in...

February 3, 2020

Last year, I blogged about the Sky v. Skykick trademark case in light of the Advocate General's (AG) opinion that found that broad description of goods and services were against public policy.

On January 29, 2020, the Court of Justice for the European Union (CJEU) issue...

January 27, 2020

On January 31, 2020, the UK will leave the EU.  But, as part of its Withdrawal Bill, it agreed to a transition period until December 31, 2020.  Until the end of the transition period, the UK will still be bound by many EU rules and regulations.  Thus, EU trademarks wil...