Trade Secrets: Reverse Engineering

By: Allison Zweng The Uniform Trade Secrets Act (UTSA) defines a trade secret as “information, including a formula, pattern, compilation, program device, method, technique, or process, that: 1) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain […]

Google v. Oracle Revisited

By: Alex Miller On October 7, 2020, the Supreme Court heard oral arguments for Google v. Oracle to decide 1) whether copyright protection extends to a software interface, and 2) whether Google’s use of Oracle’s Java APIs in Android is a fair use. [1]   At issue here is Google’s copying of Oracle’s Java APIs […]

New Year, New Me: Rebranding Your Business

By: Corinne Fombelle “New year, new me”[1] may sound like a tacky caption that no one wants to see. But what if a business needs to rebrand and come up with a whole new image? Here are three reasons why rebranding might be advisable, how to prevent this from happening, and what to do if […]

Romag v. Fossil: When can a Brand Owner Receive Profits for Trademark Infringement?

By: Alice Choi On January 14, 2020, the Supreme Court heard oral arguments for Romag v. Fossil to decide whether a trademark owner is entitled to receive the profits of an infringing business rather than a normal damages award. Specifically, the court must decide whether said trademark infringer must act willfully in order for profits […]

Copyright: To File or Not to File, that is the Question

By: Charles Mahone II Startups have many qualities that make them interesting and draw people into the space: innovative, risky, and even a little green. While many words could describe a startup, among the top of that list should be the word “customer.” While it may seem strange to classify startups as customers, they routinely […]

Trade Secrets: Inevitable Disclosure Doctrine

By: Woenho Chung Imagine a scenario in which a high-level employee at a startup is looking to switch over to a similar position at another company that provides similar services. Of course, the startup had all of the requisite confidentiality/trade secret-protections in place, said high-level employee had signed confidentiality/nondisclosure agreements, and no intentional misappropriation of […]

Handling Copyright (Pt 2 of 5): Cease & Desist Letters

By: Boran Ding In the first post of this series, we discussed what you can do if you receive a DMCA takedown notice with regards to content you post on YouTube and Instagram. In this post, we will discuss what you can do if instead, you receive a cease and desist letter (“C&D”) A C&D […]

The Work For Hire Doctrine: Clarifying Copyright Ownership in a Collaborative Field

  By: Sarah Krosnick There is a well-known and overused adage that says, “It takes a village to raise a child.” The adage also applies to entrepreneurial ventures. Quite frankly, startups take a lot of work and benefit from different perspectives and skillsets. When there are so many people contributing to the startup, who owns […]

What’s in a Name: What to Consider When Choosing a Company Name

  By: Bridget Grier You have a great idea and decide to develop it into a business. What will you name your business? Will you choose a name with sentimental value, one that is descriptive, or one that is catchy? Choosing a name is one of the first, and most important, decisions you will make […]