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Recent Articles from Brad Frazer
Legal Advice: It’s the first $50K that kills you
Clients and potential clients inevitably ask some variant of the question, “Can I?” For example, “Can I copy these lyrics and use them in my novel?” Or, “Can I use this trademark even though someone else is already using it?” Or, “Can I use this picture I copied from another website in my marketing video?” […]
Software licensing and you
BOISE, ID – How many software licenses does your company have? Let’s start with the easy ones: Microsoft Windows for the PC-based computers in your organization, and iOS for the Apple products you own. Then we add the applications, like Microsoft Word and Excel, and Adobe Acrobat. But then it gets harder and more subtle. […]
Brad Frazer: Trade secrets add value to your company
Imagine what would happen if Pepsi knew how to make Coca Cola. Not a mere knock-off, but the exact thing: Coke Classic in all its caffeinated, sugar-laden glory, complete with just a hint of lime essence. What would happen? Well, Pepsi could start selling its version of Coke for 99 cents per six pack, and […]
Commentary: It might be time for DMCA copyright law tune-up
I actually remember when the Digital Millennium Copyright Act became law, back in October 1998. I was working in-house for Micron Electronics, and we had just completed the acquisition of a Los Angeles-based Web hosting company. The Web hosting company became my client, and there was much confusion in the industry about copyright generally and […]
Commentary: Software patents are dead! Long live software patents!
I never understood that expression, “The King is dead! Long live the King!” until I started watching Game of Thrones. So when horrible King Joffrey Baratheon was poisoned and the assembled onlookers turned to his younger brother and shouted those words, I got it: we acknowledge that King Joffrey is dead, but his younger brother […]
Commentary: So you have a business idea: now what?
Perhaps you have an idea that you are passionate about and really want to do something with. A better mousetrap or mobile phone app, or maybe clean safe practical working nuclear fusion. Then what? Experience teaches that almost everyone with an idea wants to sell it. Enticed by those late night infomercials featuring George Foreman, […]
Commentary: The new generic top-level domains: protecting your trademarks
Virtual real estate on the Internet is one of the best pieces of property that a business can own. A good website and a simple domain name, such as [yourtrademark].com or [yourtrademark].net, are easy and effective ways to attract and retain business. A big concern, however, is protecting [yourtrademark].com from improper use. For example, many […]
Commentary: Protecting your Internet domain name
Guess who owns the Internet domain name microsoftsucks.com? Not Microsoft. Guess who owns applesucks.com? Not Apple. According to a WHOIS lookup performed at domain name registrar fabulous.com on April 2, the registrant of microsoftsucks.com is an entity named “Secaucus Group, Inc.,” and the listed “administrative contact” for Secaucus Group Inc. is someone named Dan Parisi. […]
Commentary: Protecting your brand online
Remember the Marlboro Man, that stalwart image of the American west? In addition to his iconic status as a symbol of ruggedness, he was used by the Philip Morris tobacco company to sell millions and millions of cigarettes from 1954 to 1999. For Philip Morris, the Marlboro Man was the brand behind the cigarettes. And […]
Case Digests
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
- Fourth Department – Unlawful arrest: People v. Burke
- Fourth Department – Attempted criminal possession of a controlled substance: People v. Brown
- Second Circuit – Immigration: Paucar v. Garland
- Fourth Department – Slip and fall: Black v. 465 Payne Avenue
- Second Circuit – Misappropriation of trade secrets: Pauwels v. Deloitte
- Fourth Department – Molineux evidence: People v. Anderson
Law News
- N.Y. Court of Appeals reverses murder conviction because of illegal search
- State board approves cannabis lawsuit settlements, paves way for the opening of retail dispensaries
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
- Manslaughter conviction reversed after appeals court finds insufficient evidence
- Rochester-area family sues over compromised medical records
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