Posted on April 16, 2014 by Julie Brook, Esq.
Once an exception, the use of free and open-source software (FOSS) in commercial software products has become the rule. FOSS is particularly attractive to resource-strapped companies looking to avoid high software development costs or licensing fees, but even the biggies in the tech industry use FOSS. Despite its common use, FOSS carries risks and you need to do your due diligence.
Filed under: Business Law, Intellectual Property, Legal Topics | Tagged: FOSS, free software, mergers & acquisitions, open-source, software license, source code, tech industry, technology | 2 Comments »
Posted on April 9, 2014 by Julie Brook, Esq.
Poaching employees from a rival company has risks. So does agreeing with your rivals not to poach employees from each other. Potential poachers beware… Continue reading
Filed under: Business Law, Employment Law, Intellectual Property, Legal Topics | Tagged: agreements not to poach, anti-raiding, anti-solicitation agreements, competitors, employee, employee poaching, employers, employment contracts, nondisclosure agreements, nonrecruiting, trade secrets, unfair competition | 2 Comments »
Posted on March 17, 2014 by Julie Brook, Esq.
If you represent businesses, you know how important it is to protect their trade secrets. A crucial part of that effort is developing and implementing a trade secret protection plan. Specific company needs may vary, and plans have to be crafted with those needs in mind, but some elements should be included in any trade secret protection plan. Continue reading
Filed under: Business Law, Employment Law, Intellectual Property, Legal Topics | Tagged: company secrets, confidentiality agreement, employees, employers, employment policies, human resources, nondisclosure agreement, trade secret protection plan, trade secrets | 5 Comments »
Posted on December 18, 2013 by cebca
The following is a guest blog post by Harmony Groves Kessler, a solo practitioner assisting individuals, small businesses, and attorneys with legal issues in criminal defense, business contracts/transactions and public agency law in northern California. She is the former Mayor of Arcata, California, where she served a four-year term on the City Council.
Updated March 18, 2014: The Beastie Boys and GoldieBlox have settled the suit. As part of the settlement, GoldieBlox will no longer be able to use its parody of the Beastie Boys’ song and will publish an apology to the band.
Updated January 3, 2014: Although GoldieBlox removed the song “Girls” from its video, the Beastie Boys sued GoldieBlox for copyright and trademark infringement, among other claims, seeking an injunction, damages, and lost profits based on the toy’s massive increase in sales, which they believe are the direct result of the video.
A creative rewrite of the Beastie Boys’ iconic song “Girls” recently stirred up trouble for a toymaker with good intentions. Continue reading
Filed under: Business Law, Intellectual Property | Tagged: Beastie Boys, copyright infringement, declaratory relief, Fair Use Doctrine, Girls, Goldie Blox, parody, satire | 2 Comments »
Posted on August 21, 2013 by Julie Brook, Esq.
Survey evidence can be very useful in some cases, but questions are growing about its reliability. By knowing the issues involved with surveys, you’ll be better able to successfully use or oppose survey evidence. Continue reading
Filed under: Business Law, Civil Litigation, Evidence, Intellectual Property, Legal Topics | Tagged: evidence, expert witness, survey experts, surveys, trademark, trial, unfair competition | Leave a comment »
Posted on April 29, 2013 by Julie Brook, Esq.
The best way to analyze a company’s trade secrets (and how well protected they are) is through a formal audit. Here’s an overview of how to do a trade secret audit. Continue reading
Filed under: Business Law, Intellectual Property, Legal Topics | Tagged: confidential information, corporate espionage, trade secret audit, trade secret theft, trade secrets | 2 Comments »
Posted on November 16, 2012 by Julie Brook, Esq.
When clients come to you to set up a joint venture, they’re often excited and focused on the big picture. You need to be the details person, and maybe a bit of a wet blanket. Continue reading
Filed under: Business Law, Intellectual Property, Legal Topics, Young Lawyers | Tagged: intellectual property, IP, joint venture, strategic alliance, venture capital | 4 Comments »
Posted on June 1, 2012 by Julie Brook, Esq.
Although federal and state corporation, securities, antitrust, and tax laws governing mergers and acquisitions (M&A) are complex and nuanced, and the structure of a given transaction is usually driven by tax and securities considerations that aren’t within intellectual property counsel’s control, it’s useful for intellectual property lawyers to know the basic structures of these deals and the impact on the intellectual property provisions in the agreement. Here’s a crash course on basic types of M&A agreements. Continue reading
Filed under: Business Law, Intellectual Property, Legal Topics | Tagged: intellectual property, IP, M&A, mergers and acquisitions | 1 Comment »
Posted on May 30, 2012 by Julie Brook, Esq.
Despite Zuckerman’s decision to go it alone on the Instagram deal, intellectual property counsel play an increasingly important role in mergers and acquisitions (M&A). M&A used to be the domain of corporate lawyers, and corporate lawyers still typically lead M&A transaction teams, but it’s now common to see intellectual property counsel from both sides working as part of the team to draft and negotiate the intellectual property aspects of the agreement. That is as it should be. Continue reading
Filed under: Business Law, Intellectual Property, Legal Topics | Tagged: business deals, business transactions, intellectual property, M&A, mergers and acquisitions, trade secrets | 1 Comment »