How to Choose a Product Name – Most Common Mistakes

Many businesses struggle when choosing a new brand for their product or service.  Over the years, I’ve identified a number of frequently repeated mistakes I’ve seen companies make in the brand selection process.  You can download and/or listen to them in my new podcast.  I hope you find it helpful.

ICANN Unveils New Trademark Clearinghouse

ICANN recently revealed information about the new trademark clearinghouse that will be used to help trademark owners protect their brands in connection with the pending introduction of new generic Top-Level Domains (gTLDs).  Here is a nutshell summary of what you need to know: When Does it Start? The trademark clearinghouse is slated to open its […]

Do You Monitor Use of “Copyleft” Open Source?

This was one of the questions asked as part of the 2012 NJ IT Survey discussed in a previous blog post.  With the potential for risk to intellectual property ownership, contract breaches and other liability, the responses were quite surprising.  Fewer than half of the respondents said that they either prohibited the use of copyleft […]

2012 New Jersey IT Survey (Technology & Talent Trends)

In June, the New Jersey Technology Council, in collaboration with Giordano, Halleran & Ciesla and Withum, Smith & Brown, conducted a survey of  approximately 150 New Jersey IT company executives.  Some of the results were surprising.  Here is a quick summary of some of the top findings: Size of Companies Participating in Survey 7.4% – […]

New Years Solicitations – Creative Marketing or Deceptive Advertising?

With the start of the new year, it’s time for trademark owners again to be on guard against solicitations and advertisements that may appear to be “official” or look like invoices.  It is prudent to warn your bookkeeping departments to be alert to these types of solicitations and not mistake them for invoices.  Please post […]

In E-commerce, Size Doesn’t Matter (but placement sure does)

Are “browse wrap” agreements enforceable?  “Browse wrap” agreements are those website terms and conditions that purport to bind people that surf on the website.  A recent New Jersey appellate court had the opportunity to rule on the enforceability of these purported contracts. In Hoffman v. Supplements ToGo Management, LLC, the New Jersey appellate court was […]

Anonymous Internet Defamation

If you have any presence on the Internet, sooner or later you will have to cope with anonymous defamation. So … what can you do about it? The first thing that everyone wants to know, of course, is the identity of the person who posted or emailed the defamatory statement anonymously. However, the First Amendment […]

To Defense Contractors, Al Frankin Amendment is No Laughing Matter

Prime contractors who want to be eligible for Department of Defense government contract awards will have to comply with a new law banning arbitration with employees for claims. Compliance with the new law will likely require defense contractors to review, revise and renegotiating existing agreements with many of their independent contractors and subcontractors. On December […]

Who Owns the Rights to Santa Claus?

I was recently asked this question and fell in to the common quasi-misperception that the common Americanized image of of the “jolly old elf” was a creation of the Coca Cola company cut from whole cloth. Well, I was partly correct, but, as it turns out, the history of the image of Santa Claus is […]

They’re Saying Bad Things About My Company. Can I Sue?

Sooner or later, every company ends up finding negative statements about it published on the Internet in chat rooms, bulletin boards, blogs or otherwise. I periodically get asked, what can I do? A New Jersey court recently addressed a claim of trade libel. Bovial Corporation vs. SAC Capital, Docket ESX-L-1583-06 (N.J. Law Div., August 20, […]

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