Last week we explained what trade secrets are and how businesses should protect them. Now we’ll address what to do if your trade secrets are misappropriated and how to avoid misappropriating others’ trade secrets. Applicable Laws Both state and federal laws provide remedies for those whose trade secrets are misappropriated (wrongfully taken or used). State laws typically allow trade-secret owners [...]
One of the most valuable assets a business has may be its trade secrets. A trade secret is anything that (i) gives a business a competitive advantage, (ii) has been and continues to be treated as a secret by that business, and (iii) is not generally known in the trade or readily discoverable through public sources. Virtually every business has [...]
Last month, the US Copyright Office issued a new report on artificial intelligence (AI) and copyrightability. As it did in its previous report on AI, which addressed digital replicas (the use of digital technology to realistically replicate an individual’s voice or appearance), the Copyright Office points out that copyright protection is reserved for works of human authorship. According to this [...]
When negotiating or reviewing a contract, you might come across some terminology you don't recognize. Some of the legal terms you're likely to encounter in connection with contracts are: Breach of Contract A breach of contract occurs when one party fails to comply with the terms or conditions of an agreement. Depending on the type and significance of the breach [...]
Did you know that your failure to retain all relevant materials after litigation is “reasonably anticipated” could result in you being fined or sanctioned by the court? You could even lose the case as a result of your failure to preserve evidence. How do you know when “litigation is reasonably anticipated?” While there are some grey areas, the filing of [...]
The US Equal Employment Opportunity Commission (EEOC) has issued new guidance on employers’ use of wearable technology for its staff. In recent years, some employers have begun requiring employees to wear smart devices such as watches or rings that track their activities and monitor their physical or mental condition in the workplace, smart glasses or helmets that measure the brain’s [...]
If one of your New Year’s Resolutions is to become more diligent about your intellectual property, it would be a good idea to start the year with an intellectual property (IP) audit. IP includes copyrights, trademarks, trade dress, patents, trade secrets, and the like. In fact, it's called intellectual property since it involves products of the mind. An IP audit [...]
Once again, New Year’s Day brought us more than resolutions, football games, and hangovers. On January 1st, works first published in 1929 (or, in the case of sound recordings, 1924) that were previously protected by copyright entered the public domain. Once a work becomes part of the public domain, anyone can reproduce it or create derivative works based on it, [...]
You may have heard there’s no need to register your copyright, because it’s automatically protected. But this is only half the story—you can’t enforce your copyright without either a certificate of registration or a denial of registration from the Copyright Office. Plus, there are a lot of reasons to register all of your copyrights promptly. 1. If you register a [...]
Happy Holidays from all of us here at The Duboff Law Group! Wishing you the best for the holidays and a healthy, joyful, prosperous new year!
