LEGAL THOUGHTS

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

Sprint likes Pokemon Go

Last year, I noted on a blog post that Starbucks was sponsoring Pokemon Go stops in New York City. Sprint has followed suit. #marketing

That's my dance move!

It is a thing now. People suing Epic Games the maker of FortNite for using their "dance" or "dance moves" as buyable emotes (also Take-Two Interactive). On December 4th, Brooklyn rapper 2 Milly (Terence ) sued Epic Games for appropriating his Milly Rock dance moves (see Variety link). On December 18th, Russell Horning and Alfonso Ribeiro (Carlton) both sued Epic Games for appropriating their respective dance moves, the Floss and the Dance (see CNN link, Polygon link). In the 2 Milly and Alfonso cases, plaintiffs assert that the copyrights to their respective dances have been infringed. The unstated premise is that their dances can be registered as choreographic works. But is that true? Cho

Season's Greetings

From all of us at Henry Park Law, we wish you a wonderful holiday season and a Happy New Year. May 2019 be a successful year for everyone. © kayteedesign at stock.adobe.com #holiday

Facial recognition software and Taylor Swift

Rolling Stone reported that Taylor Swift secretly used facial recognition on her fans attending the May 18th Rose Bowl show of her 2018 Reputation Tour (see Rolling Stone link). Allegedly, a kiosk displaying rehearsal clips contained a camera was taking photos of the fans. The photos were then sent to a Tennessee site where they were cross-referenced with a database of Ms. Swift's known stalkers. If this occurred in Europe, would this use of facial recognition be lawful under the GDPR? It depends. First, was there a privacy notice, and how was it presented and what did it say? Second, what was the lawful basis for the processing? I assume the basis would be an asserted legitimate intere

Don't bring your cash

I saw this sign on a store in NYC I didn't realize how many restaurants had gone cashless. I also didn't realize that cashless restaurants could be discriminatory (see link). #nyc

Avoiding a no oral modification clause

No oral modification clauses appear in almost all contracts. The clauses typically say something similar to "No amendment or modification of the Agreement shall be effective unless signed by authorized representatives of both Parties." New York even has a specific statute that endorses this type of clause: A written agreement or other written instrument which contains a provision to the effect that it cannot be changed orally, cannot be changed by an executory agreement unless such executory agreement is in writing and signed by the party against whom enforcement of the change is sought or by his agent. (see New York General Obligations Law §15-301(1)). Thus, it appears that you cannot orall

Patent Primer - Key insights

Intellectual property (IP) is recognized as a priority for most business start-ups. However, attention is diverted most commonly to setting up an organization, funding, and providing services and materials to customers and clients. This means that companies fail to protect their IP and risk the loss of valuable technology. Further, companies risk violating the IP rights of others. IP law considerations for nonprofits and for-profit start-ups should be an important issue, which is not “overlooked” or “put aside”, based on ignorance or intimidation. Those that endeavor into the business world should be aware of the basic risks and remedies. What is a patent Patents provide inventors with th

Tom and Jerry

I found these vanilla biscuits in Iceland. It is nice to see some IP from my childhood getting some love. It appears that WB licensed this IP to a Swedish company. #trademark

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