As the new year unfolds, small business owners face four legal issues that could affect their websites and ultimately their bottom line in 2017. Here is a list of the biggest problems on the horizon, and some solutions: Communications Decency Act Section 230 Problem: Accusations of Republication of False, Misleading, Defamatory, or Unlawful Content on…Read more
About: Michael Thomas
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Small business owners who allow postings of user-generated content to their websites need to take immediate steps to preserve their safe harbor protection under the Digital Millennium Copyright Act (“DMCA”) in light of a recent rule change by the U.S. Copyright Office. The DMCA’s safe harbor provision, found at 17 U.S.C. §512, provides website operators…Read more
The explosion of the cannabis industry nationwide has led to an increase in marijuana-related trademark registration attempts, many of which have been met with stone(d) silence and refusal by the Trademark Trial and Appeals Board (“TTAB”). Despite legalization in many states, marijuana is still classified as an illegal substance under the federal Controlled Substance Act…Read more
Clients seeking trademark registrations often ask how much use of a mark in interstate commerce is needed for success. Earlier this month the Federal Circuit answered that question when it reversed a decision by the Trademark Trial and Appeal Board (“TTAB”) that cancelled a trademark of a church in Zion, Illinois at the behest of…Read more
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