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Embedding Social Media Posts Can Be Copyright Infringement

Tom Brady’s Instagram account is a bizarre rabbit hole. His social-media team posts an odd cartoon after every Patriots victory. It is impossible to describe the fever-dream quality of these cartoons. One features Brady in a scuba suit, a tattooed dolphin selling fidget spinners, and a mustachioed crocodile. Another has Brady and teammate Dont’a Hightower Read the full article…

College-Picking Time: Talk with Your Child About Sex Offenses and Investigate Due Process

Posted March 20, 2018. It’s the time of year when high school seniors make college selections. Before picking, investigate how prospective colleges handle sex-related offenses and talk with your child about this issue. This concerns the quality of due process on college campuses for students accused of sex-related offenses. “Due process” means the fairness to Read the full article…

Lessons for All Businesses Found in Stone Brewing Company’s Trademark Fight

Posted February 20, 2018. Craft brewer Stone Brewing Co. recently sued MillerCoors for trademark infringement. Stone Brewing, which has a brewpub in Richmond, claims its STONE trademark is being infringed because MillerCoors lately has been calling its KEYSTONE LIGHT beer just STONE. MillerCoors recently redesigned the KEYSTONE LIGHT beer can to emphasize the word “STONE.” Read the full article…

Can the Police Force You to Unlock Your Phone?

Posted on January 16, 2018. What can your face do for you? In Marlowe’s Doctor Faustus, he muses that Helen of Troy’s face was so beautiful that her abandonment of her husband and elopement triggered the Trojan War and the launching of a thousand ships. A classic Timex watch commercial from the 80’s shows an Read the full article…

Don’t Claim Popular Phrases as Trademarks, and Be Careful Using Them in Advertising

Posted on December 20, 2017. Attempting to cash in on a popular phrase is risky. Think twice before applying to register a popular phrase as a trademark, and do your homework before selling goods or branding services with a popular phrase. Remember the 2015 terrorist attack on the offices of the French satirical newspaper Charlie Read the full article…

Could your business be banned from public contracting because of your views on controversial issues?

Posted on November 26, 2017. Could your business get banned from public contracting because of something controversial posted by someone associated with your business on social media? For example, what if a member of your senior management posts a strong view on Facebook either for or against illegal immigration? Could someone in the government ban Read the full article…

Should Your Business Seek a Trademark Registration on a Hashtag?

Posted on October 16, 2017. In 2012, McDonald’s launched a Twitter marketing campaign based on the hashtag “#McDStories.” It wanted customers to tweet about good times at McDonald’s. Unfortunately for McDonald’s, negative tweets such as these stole the show: “Dude, I used to work at McDonald’s. The #McDStories I could tell would raise your hair.” Read the full article…

Can Politicians and Businesses Legally Block People on Social Media?

Posted on September 19, 2017. The Tweeter in Chief, President Trump, was sued in July by a group trying to force him to stop blocking critics on Twitter. For that reason, a pair of recent decisions addressing politicians and social media by a federal trial judge in Virginia are getting attention. Those decisions were made Read the full article…

Tales of Woe from Companies That Reposted Pictures on Instagram Without Permission

Posted on July 27, 2017. Does your business use Instagram to promote itself? If so, beware that posting on Instagram photos taken by others could be copyright infringement. First, some technology: Instagram does not provide a way for users to “repost” pictures posted by others on Instagram. There is a workaround. You can screenshot on Read the full article…

Website Owners: The Rules for Protecting Yourself from Copyright Infringement Liability Just Changed

Posted July 18, 2017. In business, your company faces many risks. If you try to manage every risk, you won’t have time or money left to make your product or provide your service. You have to decide which ones to address and how much to pursue them. With that in mind, consider a new legal Read the full article…