Legal Articles, Intellectual Property

YOUR PERSONAL REPRESENTATIVES RIGHTS TO YOUR DIGITAL ASSETS

In Ajemian v. Yahoo!, Inc., (Mass., No. SJC-12237, Oct. 16, 2017) the Massachusetts Supreme Judicial Court addressed the issue of whether the personal representative of a decedent’s estate was entitled to access their email account. Yahoo had refused to provide the personal representative with access to the account and the estate was subsequently forced to commence a declaratory judgment action to gain the access it sought. In reliance on the federal Stored Communications Act (SCA) , 18 U.S.C. §§ 2701 et seq., which prohibits unauthorized third parties from accessing communications stored by service providers, the matter was initially decided by the Probate and Family Court Judge by summary judgment. The personal representatives then appealed the ruling. The Massachusetts Supreme Judicial Court reviewed the issue, reversed the lower court ruling and found that the SCA did not prohibit the personal representatives, who stepped into the shoes of the decedent, from accessing the decedent’s emails since the personal representatives consented to the disclosure on the decedent's behalf and granted them unrestricted account access.

Trade Name, Trademark, Trade Dress - What's the Difference?

This reference provides a short discussion of three terms in intellectual property that are often confused.

Working with Web Hosts & Designers

No matter how averse you are to "techie" projects like web development and site management, you must be involved enough to ensure your rights are protected--and that no one else's are being violated. This reference discusses how.

Alimony Award of Intellectual Property Shares Ruled Improper Double Dipping

Blog post about a court that mistakenly awarded a woman a large share of her ex-husband's intellectual property and value from his unsold books.

What is trade dress infringement?

The core concepts of trademark protection are that consumers not be confused, misled, or deceived as to whose product they are buying, that sellers’ goodwill--or investment in their reputation for quality--be protected, and that competition thereby be enhanced.

What is the test for infringement of a federally registered trademark pursuant to 15 U.S.C. § 1114?

A registered trademark is infringed when a person uses it or a phrase similar to it in a manner likely to cause confusion, mistake, or deception among ordinarily prudent buyers or prospective buyers as to the source of the product.

Naming your Business - More than just choosing a cool name

Technology has a big impact on choosing a name for your business, including a greater risk of violating a trademark

Protecting Jewelry Design by Copyright or Patent?

Patents and copyrights are all enacted to provide protections over intellectual properties, including jewelry design, but from different aspects and on different parts of the intellectual property. The protections offered by these laws are not mutually exclusive.

Protection of Your Mobile App – Multifaceted Protection Approach

The vulnerability of a mobile app includes not only the source codes, but also in other aspects, such as the user interface, the screen display, the app’s name, and the business model behind the app. What protection can the law provide?

Publication, Nonpublication, and Early Publication of Patent Application-The Strategy

Patent application will be published after 18 months from the earliest filing date. Publication will make the invention to the public's knowledge. If the application fails to mature into a patent, the public will be able to use the knowledge of the invention without infringement. How to prevent it?

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