Showing articles for James P Quinn
Showing Results 1 - 15 of 15

  • Art that Stands Alone

    05/31/2017 / James Quinn

    On March 22, 2017, the Supreme Court handed down a decision about a potentially significant copyright issue. In the Varsity Brands case the court said that various designs consisting of things like stripes and chevrons on a cheerleading uniform were eligible for copyright protection.

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  • Enforcing Data Security Policies With External Service Providers

    05/31/2017 / James Quinn

    In an article published in the May 7 edition of The New York Times, Nicole Perlroth reported on data security breaches that affected big names like Lady GaGa, Netflix, and Lockheed Martin. In the case of Lady GaGa and Netflix, pre-release copies of songs and TV episodes were taken and distributed by hackers.

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  • DTSA Legislation Opens Federal Courts for Pursuit of Trade Secret Claims

    06/29/2016 / James Quinn

    New legislation will now give companies an opportunity to pursue claims in federal court in cases of trade secret disclosure. On May 11, President Obama signed the Defense of Trade Secrets Act of 2016 (the “DTSA”), which Congress passed in April. Before the legislation was signed, trade secret claims were only heard at the state court level.

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  • Naruto: Photography and Monkey Business

    02/16/2016 / James P Quinn

    David Slater is a British nature photographer who traveled to Indonesia in 2011. During a photo shoot in the jungle, he set his camera on a tripod. A Macaque monkey named, Naruto, walked up to the camera, pressed the shutter button, and took some pictures of himself – simian selfies. The pictures turned out to be charming and hilarious and they went viral. Mr. Slater registered the copyrights in the photos in England.

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  • Issue Preclusion by Trademark Appeal Decisions

    04/23/2015 / Jim Quinn

    The Patent and Trademark Office and its “judicial body,” the Trademark Trial and Appeal Board (“TTAB”), consider the registrability of a mark; and not infringement. Federal courts determine whether an infringement has occurred. In TTAB proceedings a “likelihood of confusing similarity” analysis is used to determine whether the mark in an application conflicts with another mark.

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  • Actual Use Necessary for Service Mark Registration

    04/23/2015 / Jim Quinn

    Actual use of a mark is a prerequisite for registration in the Patent and Trademark Office. For a trademark, it is well settled that use occurs when a product has actually been sold. For a service mark, the determination of what constitutes use has been a bit more problematic because there are no tangible items involved.

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  • A Knowing Glance… Worthy of Copyright?

    10/22/2014 / Jim Quinn

    The 9th Circuit Court of Appeals, which includes California, is famous for being vigilant when it comes to Silicon Valley and Hollywood. The Court is often in the vanguard about issues involving intellectual property rights. That’s why the February 2014, decision in Garcia v. Google has shaken the movie industry to its core.

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  • Social Media: Five Legal Hazards Marketers Need to Know

    07/30/2010

    Jim Quinn discusses pitfalls of social media and ways marketers can protect themselves.

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  • E-mails and Notice Provisions in Contracts

    06/22/2009 / James Quinn

    If a contract requires that notices be in writing and delivered in a specific manner that does not reference e-mail, a notice given by email will be insufficient.

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  • Ownership of Websites

    06/16/2009 / James Quinn

    In a June 3, 2009, decision, the Indiana Supreme Court determined that a website designer who was engaged as an independent contractor was the owner of the website that the designer created.

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  • Fantasy Football and Players' Rights of Publicity

    05/21/2009 / James Quinn

    A federal district court in Minnesota recently reaffirmed the holding of the 8th Circuit Court of Appeals that the use of players' names, profiles, statistics, pictures, images and biographical information does not trespass on publicity rights when used in "Fantasy Football" games.

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  • New York Bill Points to Acceptable Encryption Standards

    04/28/2009 / James Quinn

    Holders of personal data are often bewildered by which industry standards they should use as guides in developing the encryption technology and practices necessary to preserve the security of the information.

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  • Quinn Discusses Safeguarding Creative Concepts in Twin Cities Business Magazine

    04/13/2009

    Jim Quinn discusses how advertising agencies can protect their creative concepts when pitching to perspective clients.

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  • A New Security Regime for Software that Processes Credit

    01/20/2009 / James Quinn

    For several years, the Payment Card Industry Security Standards Council has been the organization that specifies procedures that merchants must follow to protect the security of customer credit card data. Separately, Visa has had a program known as the "Payment Application Best Practices" that imposed security standards on the actual computer software used to process credit card transactions. Vendors of such computer software were required to be validated under the Visa program. Effective January 1, 2009, the Visa program has been largely replaced by the "Payment Application Data Security

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  • United States Accedes to the Madrid Protocol

    12/09/2002 / James Quinn

    Positive changes are in the works as the United States prepares to join the group of nations with a uniform system for the registration and maintenance of trademarks.

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Showing Results 1 - 15 of 15