Using a Service Mark In Commerce
June 02, 2015
The Federal Circuit has now ruled that advertising a service that the applicant intends to provide in the future, but is not actually providing on the date of the application, is not "use in commerce." Thus, advertising submitted to the USPTO with a use-based application as a specimen of use of the mark in commerce, must relate to existing services already being provided to customers.
Navigating the Minefield of U.S. Export Control
June 02, 2015
While the export control regulatory framework can present a dizzying array of requirements for exporters, companies also risk being held responsible for the activities of others, including those abroad who trans-ship their products to destinations embargoed by the United States, or in violation of U.S. licensing or regulatory requirements.
Get a (Law) Firm Grip on Data Breaches
June 02, 2015
Law firms are as much at risk for cyber attacks as any other industry. Because of the lack of reporting requirements in the industry, it is unclear how many breaches have actually occurred. This article describes some of the reasons law firms are cyber-attack targets, steps they can take to reduce their risk, and what clients are doing to encourage law firms in those efforts.
Get a (Law) Firm Grip on Data Breaches
June 02, 2015
Law firms are as much at risk for cyber attacks as any other industry. Because of the lack of reporting requirements in the industry, it is unclear how many breaches have actually occurred. Fortunately, law firms are now recognizing the risk and beginning to take preventive action. This article describes some of the reasons law firms are cyber-attack targets, steps they can take to reduce their risk, and what clients are doing to encourage law firms in those efforts.
Cybersecurity Lawyers Getting Plenty of Company
June 02, 2015
High-profile data breaches in the past few years have been a wakeup call for corporate America ' and made cybersecurity and data privacy the next "it" practice for lawyers. There's been a gold rush to the field, practitioners say ' and the potential rewards have attracted some Johnny-come-latelies and pushed attorneys to seek out new ways of distinguishing themselves as experts.
Avoid Drowning in Data
June 02, 2015
Data is a rich source for evidence in litigation and, for many companies, a valuable asset. What is less apparent, however, is exactly how to properly manage information and its privacy and security. However, over the past several decades, best practices have been developed for establishing and managing a comprehensive privacy, data protection and information governance program. This article summarizes those learnings to suggest an approach for how to design and run a program that is right for your company.
Browse, Click, Sign, Enforce?
June 02, 2015
Signing, dating and keeping a record of a paper contract are standard practice ' but what about those that are native to websites, mobile apps and other digital platforms, and use such language as "Terms of Use," "Terms of Service," "Privacy Policies" and disclaimers? How do you track who is agreeing to what and when they agreed?
<b><i>Online Extra:</b></i> FTC Sued Over Refusal to Disclose Data Security Policies
May 28, 2015
' The Federal Trade Commission (FTC) was sued last month for refusing to turn over information about how the agency decides to bring data security cases. The Freedom of Information Act suit by Philip Reitinger, a former Department of Homeland Security official who is now president of a cybersecurity company, comes as the FTC'defends its role as data security cop'in two ongoing cases. …
