Category Archives: Intellectual Property
Berne, Baby, Berne: International Copyright and You
© Bay Oak Law, 2012 Maybe its your company’s simple yet addictive game. Or perhaps it’s the new song your band wrote that is flooding the airwaves. Maybe its just your smartphone video of your pet yapping in time to a song. You immediately register your American copyright, yet within a few hours the Internet […]
Nah, No Employer Would Be That Dumb
One criticism of attorneys that non-attorneys ( better known as “real people”) have is that we spend too much time in the netherworld of hypothetical situations. Surely, no employer would ever: 1. Refuse to believe his assistant when she announced that she was pregnant, because she told him for the first time on April 1st; […]
The Breyer Copyright Manifesto
The length of US copyrights has been growing ever longer. Supreme Court Justice Stephen Breyer‘s recent dissent in Golan v. Holder, 565 U.S. ___ (2012) (“Golan”), relies on the Constitution to reveal the folly of that lengthening. While some wonder why judges write dissenting opinions, those dissents sometimes grow into majority opinions later. Justice Breyer’s Golan […]
Allergan’s IS a Botox Smile; or, No Mirth for Merz
Allergan, the maker of the first botulinium toxin cosmetic product (better known as Botox) is smiling today because it won a trade secret misappropriation trial against competitor Merz Pharmaceutical. Merz markets Xeomin, another botulinium toxin product that until recently was authorized only for muscle cramps. Allergan sued for trade secret misappropriation after Merz poached Allergan’s […]
Silicon Handshake or Hangman’s Noose: The NDA’s Opportunities and Risks
Nondisclosure Agreements (“NDA”) are everywhere: a Silicon Valley Don Juan had an NDA ready for every date. However, NDAs are not created equal — what is good for the discloser is not good for the recipient. The “Silicon Handshake” can become a hangman’s noose for the unwary. Questions to Ask. Any potential signer to an […]
Expensive Waffles
Roscoe’s Chicken and Waffles used to have a restaurant near the Bay Oak Law offices in Oakland; an assistant used to visit nearly every weekend with her fiancé. Unfortunately, the Oakland branch closed a few years ago, and Roscoe’s is currently only in Southern California. Unfortunately, Roscoe’s was in the legal news today because it […]
A Wellness Program — For Your Business
Just as your body needs annual wellness checkups, your business does, too. Much of the simple matters can be done by your office, without an lawyer – but if issues turn up, it may be time to check with counsel. Corporate Status ❏ Corporate Status. Is your business in good standing with the state? In […]
Leveling the Playing Field:
Due Process and Trade Secret Misappropriation Cal. Civ. Proc. Code § 2019.210 by: Andrew K Jacobson The Fifth Amendment to the US Constitution guarantees due process of law. One type of due process is knowing the details of the accusations in a court of law against you. But in trade secret misappropriation cases, the trade […]
Who Gives a Tweet About Who Owns a Tweet?
The media revolution of the last 20 years will continue well into the future, and new issues will arise that few will think about in advance. Small businesses can save themselves huge expenses in protecting their media outlets by updating their employee manuals so that it is clear from the outset of employment that these new media channels belong to the employer, not to the employee.
The Cinderella of Intellectual Property
Law regarding trade secrets has long been seen as the ugly step-sister of intellectual property. Patents, trademarks, and copyrights have traditionally been held to be federal concerns, while trade secrets have been seen as principally protected by state laws. Now, two senators want to allow the trade secret Cinderella into federal court by introducing a […]
