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 […]
Handling Copyright (Pt 1 of 5): Three Strikes and You’re Cancelled – DMCA Takedown Notices
By: Boran Ding As a startup, social media can be a valuable tool with which to market your brand and business. These advertisements and promotions may take the form of YouTube videos, Instagram posts, and even Tweets. However, the content that you create and post on social media platforms is subject to certain restrictions under […]
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 […]
