Assume Contracts Mean What They Say—But Only if You Can Tell What They’re Saying Last time, I warned about the dangers of “integrated” contracts, how they will sometimes vary from your expectation of what you agreed to, and how you’re in trouble when you try enforce...
And if You Didn’t Get a Provision Put into a Written Contract, Don’t Assume it’s Enforceably “There” At the IP Breakdown, we blog about trademarks, copyrights, patents, trade secrets, privacy, the Stored Communication Act, and other stuff...
The Tao of Trademark, Man The judge in Vynamic, LLC v. Diebold Nixdorf, Inc., starts his opinion with a little trademark zen: Just how similar is “VYNAMIC” to “VYNAMIC”? That is the question posed in this trademark infringement case. It might surprise you to learn...
Is Copyright Law a “Turnkey” Solution? The ReDigi dispute has been going on since 2011. If you don’t believe me, you can read my blogs about it dating to then. I wrote an explainer last time about the Second Circuit’s recent decision against ReDigi’s...
This is an explainer of a decision you may have heard people talking about: Capitol Records v. ReDigi, Inc. Can you re-sell digital content you’ve legally acquired over the internet? The Problem: How Can You Re-Sell Your Digital Content? I’ve been blogging about the...
Oh, What a Tangled Web! Oh, what a tangled web we weave when first we practice to … go into business with our friends.1“Oh what a tangled we weave/ When first we practise to deceive!” isn’t Shakespeare. And that business involves software. Some strands are easily torn...