Overview of the parody defense in Intellectual Property litigation Introduction Parody is basically making a new work of art by commenting and criticizing another work of art. For example, you may hear a song that really bugs you. And you might decide “I want to make a parody song of that s...
Litigation Warrior – Pre-litigation strategy Introduction Taking the decision to litigate and file a lawsuit is a big step. Before you decide to move forward and file either a state or federal lawsuit there are a few things to consider. This blog highlights some of the important things to c...
Copyright Litigation Basics – Affirmative Defenses to Infringement Introduction BitTorrent mass copyright lawsuits continue to make front page news. Companies like Malibu Media are responsible for many of the copyright infringement lawsuits being filed in the Federal Courts in the United Sta...
Digital dispute series – Unauthorized commercial use of image and identity – California right of publicity and celebrity endorsement cases Introduction Every person has the right to control the commercial use of their identity 9name, image, voice, likeness etc.). This has sometimes been ca...
Federal Copyright Law – Infringement Defenses Introduction When you are a Plaintiff suing for federal copyright infringement or a DMCA violation, or a Defendant seeking to defend against such a claim, one of the issues that might come up is the “ Copyright Misuse Defense.” This b...
Software infringement caselaw Introduction If your business or company is using software without paying for the proper licenses, you can find yourself engulfed in a BSA or SIIA audit. The audit can lead to either a settlement, or a copyright infringement lawsuit filed in Federal Co...
Copyright Infringement claims – Anti-circumvention provision of DMCA. WE TAKE DMCA LITIGATION CASES NATIONWIDE! Introduction If you are sued for federal copyright infringement, another related claim that may be brought (for example following a BSA or SIIA software licensing audit) is a claim...
Civil Litigation Essentials – Preserving Evidence (“Spoilation”) in Copyright Cases. Introduction When a dispute is pending (ex. your company just received an Autodesk audit letter) it is prudent, and often required for parties to the dispute to preserve the evidence that is essentia...
Legal risks of a Copyright lawsuit – Remedies a Plaintiff may seek against an alleged infringer or software pirate! Click on the picture above to watch Attorney Steve discuss federal copyright damages. Click on the Red “V” to subscribe to our litigation channel for FREE legal updates! Introd...
How to survive an Autodesk Audit – Legal tips from the software licensing trenches! Bonus Materials: Vondran Legal Hour Podcast revealing Autodesk Audit Tips! Introduction So you got the Autodesk Audit “love letter” from a law firm demanding that you submit to a “voluntary” software licensin...
A.R.S. 13-3019. Surreptitious photographing, videotaping, filming or digitally recording or viewing; exemptions; classification; definitions. If you have been filmed, taped, or photographed without your consent you may be entitled to monetary damages! Introduction – Digital Pranks can backfire...
Copyright Infringement Law – Malibu Media Affirmative Defenses to Copyright Infringement (Adult porn movies), case review. Introduction There is an increase, at least in my opinion as an intellectual property lawyer, in copyright holders seeking to enforce their federally registered copyright...
California Right to Privacy Lawyer – Illegal Phone Call Recording, Cell Phone Privacy, Unlawful Eavesdropping Law. Introduction – California Penal Code Privacy California is a two-party consent state when it comes to taping phone calls. This means, both parties to the phone co...
Espinosa v. Schulenberg (Arizona Supreme Court explores the “Firefighter Rule”) Click to jump to Espinosa v. Schulenberg video case brief by Attorney Steve! Introduction Injuries in the workplace are common. However, when your workplace is a burning building, dangerous accident scene on the...
Internet defamation, right of publicity, publication of private facts and unfair competition law. We can help protect your company and brand from maniacs on the internet! Introduction As a business professional you work like the Dickens to build your brand. In a digital age, all it takes is...
eBay litigation fraud – ZipCounsel Cease & Desist Letters, Internet Litigation Firm Introduction Have you ever found an item you wanted to purchase on eBay and started bidding on it. Then, you get other notifications telling you someone else has outbid you. Then, when an other buyer has of...
We help businesses launch and grow with fast & affordable legal services – ZipCounsel does it again! Introduction We can help you form a California or Arizona corporation or LLC. We have helped many other companies protect their personal assets by shielding them from personal liability. If ...
Help, another company is infringing my trademarks, trade secrets and copyrights and/or Defaming my business! Introduction Competition is the nature of the marketplace, but unfair business practices have no legitimate place in the marketplace. For example, say you manufacture a product and ...
What is Cyber Insurance? Introduction Cyber insurance is designed to mitigate losses from a variety of cyber incidents, including data breaches, business interruption, network damage and more. There are a variety of things that can go wrong for a business while doing business on the internet....
Here is the official account of my baseball background. While I was not the best player that ever lived, I truly believe I made the best out of what I had and I thoroughly enjoyed the ride and left it all our there on the fields I played on. This is my story, these are my roots. If you are g...
ZipCounsel – sale or transfer of a business, website, or domain name! Introduction Let's be honest, it's a tough economy. New jobs are not being created at lightning speed, and working for corporate america (that is seeking to hire low cost college graduates) is not what it used to be. It'...
Copyright Troll 101 – Receiving a Porn Demand Letter Introduction We have talked so many times about the digital jungle, cyber-risk and copyright trolls. This blog derives from the Copyright Troll variety, or should we say the dark side of the internet. What happens if you use an online softw...
What is the definition of “willful copyright infringement” under the Federal Copyright Laws? JUMP TO VONDRAN LEGAL HOUR PODCAST EXPLAINING DEFINITION OF WILLFUL COPYRIGHT INFRINGEMENT Introduction Whenever a company is faced with a legal demand letter (or an individual for that matter) deali...
This blog discusses Arizona trademarks law under A.R.S. 44-1441. What do you do when you have a state registered trademark but get sued for violating another companies federal trademark? First thing you do is retain trademark counsel. Does Arizona have a state trademark law? Yes. If you p...
Buying and selling a domain name is just like buying and selling a piece of land. You want to make sure you are paying fair market value for the domain, and you should be using an escrow, preferably an attorney escrow. Introduction Here's a situation that popped up last week. A guy had a do...
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