The Prinz Law Office

News Update 4.25.18

If your company is like most technology companies, trade secrets comprise the bulk of your intellectual property and you have probably long been frustrated with the minimal resources available to you to protect them from misappropriation. Congress has just taken action to assist your effort by passing the Defend Trade Secrets Act of 2016. The Silicon Valley IP Licensing Law Blog explores the significance of the new law in the following blogpost:

http://www.siliconvalleyiplicensinglaw.com/passage-of-defend-trade-secrets-act-provides-silicon-valley-companies-new-trade-secret-enforcement-tools/

The Prinz Law Office has launched a new copyright law meetup group in conjunction with the High Tech Section of the Santa Clara County Bar Association, as is further discussed in the link below:

http://www.siliconvalleyiplicensinglaw.com/the-prinz-law-office-launches-new-copyright-law-meetup-group/

The U.S. Supreme Court has issued an opinion in the case of Commil USA v. Cisco Systems finding that patent invalidity is no defense to a claim of induced infringement.  The Court’s decision is discussed in the following blog posting by the Silicon Valley IP Licensing Law Blog:

http://www.siliconvalleyiplicensinglaw.com/supreme-court-rules-patent-invalidity-is-not-a-defense-to-induced-patent-infringement-claim-in-commil-usa-case-against-cisco-systems/

How do you choose the right acquisition partner?  The Silicon Valley IP Licensing Law Blog evaluated this issue in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/taking-time-to-date-before-pursuing-an-ip-acquisition-marriage/

Should you take a combative approach if approached by a patent troll?  The Silicon Valley IP Licensing Law Blog evaluates the response by one start-up in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/should-you-follow-the-advice-of-this-start-up-if-approached-with-a-demand-letter-by-a-so-called-patent-troll/

Copyright reform is back on the table in Congress, as the Silicon Valley IP Licensing Law Blog discussed in its recent blogpost:

http://www.siliconvalleyiplicensinglaw.com/copyright-reform-on-the-table-in-congress-songwriter-equity-act-of-2015-introduced-in-the-house-of-representatives/.

The Silicon Valley IP Licensing Law Blog recently looked at the copyright infringement verdict against Robin Thicke and Pharrell Williams and explored some of the lessons to be taken away from the verdict in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/lessons-from-the-copyright-infringement-verdict-against-robin-thicke-and-pharrell-williams/

Entering into an exclusive licensing deal can be a business decision that you may live to regret, as the Silicon Valley IP Licensing Law Blog explored in the case of the dispute between Macy’s and JcPenneys over the Martha Stuart product line in the link below:

http://www.siliconvalleyiplicensinglaw.com/pitfalls-in-negotiating-and-drafting-exclusive-licensing-deals-lessons-from-macys-dispute-with-jcpenneys-over-its-martha-stewart-product-line/

What issues should you consider when choosing the name of your start-up?  The Silicon Valley IP Licensing Law Blog looked at this issue in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/practical-tips-on-choosing-your-start-ups-name/

The World Trademark Review recently interviewed Silicon Valley Trademark Lawyer Kristie Prinz.  A blog post linking to the story is below:

http://www.siliconvalleyiplicensinglaw.com/recent-interview-kristie-prinz-for-world-trademark-review/

What are some of the challenges in negotiating a license with a start-up?  The Silicon Valley IP Licensing Law Blog recently explored this issue in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/challenges-of-negotiating-a-licensing-deal-with-a-start-up/

How do you manage intellectual property disputes as a start-up with limited resources?  The Silicon Valley IP Licensing Law Blog explored this issue in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/successfully-managing-intellectual-property-disputes-as-an-early-stage-start-up/

Trademark Commissioner Deborah Cohn recently resigned after a controversy arose over allegations of a nepotism law violation, as was reported by the Silicon Valley IP Licensing Law Blog in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/trademark-commissioner-resigns-over-allegations-of-nepotism-law-violations/

Getty Images recently initiated litigation against Microsoft. alleging that its new widget was resulting in the infringement of its copyrights, as was further discussed by the Silicon Valley IP Licensing Law Blog in its recent blog post:

http://www.siliconvalleyiplicensinglaw.com/getty-images-copyright-dispute-against-microsoft-to-challenge-legality-of-recently-released-widget/

Twitpic has announced that it will be shutting down over a trademark dispute with Twitter regarding the use of the name “twitpic.”   The Silicon Valley IP Licensing Law Blog looked at this issue and questioned whether the reasons for the shutdown in the attached blog post:

http://www.siliconvalleyiplicensinglaw.com/twitpics-abrupt-announcement-to-shut-down-over-trademark-dispute-convenient-excuse-or-full-story/

The Supreme Court has held that a patent owner has the burden of proving infringement when the licensee files a declaratory judgment action in a patent licensing dispute in the case of Medtronic Inc. v. Mirowski Family Ventures, LLC, as was further discussed by the Silicon Valley IP Licensing Law Blog in the following link:

http://www.siliconvalleyiplicensinglaw.com/supreme-court-rules-that-patent-owner-bears/

Marketing around big events could result in a trademark dispute, as the Silicon IP Licensing Law Blog discussed in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/steering-clear-of-marketing-traps-around-milestone-events/

The Supreme Court has agreed to hear the Aereo streaming TV case, as is further discussed by the Silicon Valley IP Licensing Law Blog in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/supreme-court-to-hear-streaming-tv-over-the-internet-case/

Google has reached a settlement with several major American publishing companies, including but not limited to McGraw-Hill, Pearson Education and Penguin, John Wiley & Sons and Simon & Schuster  in a copyright infringement case challenging Google’s decision to scan the book collections of many major universities.  The Silicon Valley IP Licensing Law Blog looks at this case in a recent blog post linked below:

http://www.siliconvalleyiplicensinglaw.com/google-reaches-settlement-with-book-publishers/

Should there be small claims remedies to copyright infringement?  Congress has asked the Copyright Office to conduct a study on this issue, as is further discussed by the Silicon Valley IP Licensing Law Blog in a recent blog post:

http://www.siliconvalleyiplicensinglaw.com/copyright-office-seeking-comments-on-possible-change-to-small-claims-remedies/

Google has announced that it will now be factoring the number of “valid” DMCA notices that it receives on a particular website into how it ranks that website in its search results, as is further discussed by the Silicon Valley IP Licensing Law Blog in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/google-announces-controversial-decision-to-factor-2/

PayPal has advised e-book sellers that they must remove all erotica content off their websites.  The Silicon Valley IP Licensing Law Blog discussed the PayPal decision and the controversy that resulted in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/paypal-launches-new-internet-controversy-over-decision-to-censor-erotica-content-sold-through-platform/

Apple’s trademark dispute with Proview has become a two-front fight on both the local and international levels, as The Silicon Valley IP Licensing Law Blog explored in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/apple-trademark-dispute-with-proview-becomes-a-global-fight/

SOPA Blackout protesters have succeeded in having tabling SOPA and its companion bill PIPA, as the Silicon Valley IP Licensing Law Blog discussed in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/sopa-blackout-protesters-succeed-in-tabling-sopa-and-pipa-bills/

What are the lessons Silicon Valley companies should take away from Apple’s trademark dispute over the use of the mark “iPad” in China?  The Silicon Valley IP Licensing Law Blog looks at the dispute and the lessons to be learned from the dispute in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/lessons-for-silicon-valley-companies-in-apple-trademark-dispute/

Silicon Valley is preparing for the observance of SOPA Blackout Day, in which websites are to go black for at least twelve hours, as the Silicon Valley IP Licensing Law Blog explains in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/silicon-valley-sopa-blackout-day/

The Silicon Valley IP Licensing Law Blog discussed the passage of the Patent Reform Bill and explored its significance to Silicon Valley in the following blog post link below:

http://www.siliconvalleyiplicensinglaw.com/what-does-patent-reform-mean-for-silicon-valley-entrepreneurs/

The Prinz Law Office announced the launch of the Silicon Valley Software Law Blog in the following link:

http://www.siliconvalleyiplicensinglaw.com/the-prinz-law-office-launches-the-silicon-valley-software-law-blog/

Amazon, Google, and the Wall Street Journal have all now modified their applications  on the Apple App Store in response to signals by Apple that it will be stepping up enforcement of its royalty policies, as was discussed by the Silicon Valley IP Licensing Law Blog in its recent blog post:

http://www.siliconvalleyiplicensinglaw.com/amazon-google-wall-street-journal-move-to-modify-applications-on-apple-app-store/

How do you protect your ideas for launching a new start-up?  The Silicon Valley IP Licensing Law Blog addressed this issue in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/how-does-an-entrepreneur-protect-his-or-her-ideas-for-launching-a-new-start-up/

One of the most common mistakes business owners and entrepreneurs make when they hire someone to create something for their business is that they fail to obtain a copyright assignment from the person hired, which is a problem as the Silicon Valley IP Licensing Law Blog explained in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/hiring-a-third-party-to-create-for-you-dont-forget-the-copyright-assignment/

If you are like many small businesses and start-ups and are trying to save money by handling your own trademark filings, you may end up spending more money than you save as the Silicon Valley IP Licensing Law Blog discussed in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/trying-to-save-money-with-do-it-yourself-trademark-filings-how-to-avoid-creating-a-more-expensive-headache-for-yourself/

If you are like many start-ups, you are probably contemplating hiring contractors on an equity basis because you don’t have cash to pay them for their services.  But is this really a good idea?  The Silicon Valley IP Licensing Law Blog looked at this issue and the collaboration agreement option in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/new-start-ups-should-consider-collaboration-agreement-as-alternative-to-equity-agreement/

The SciTechLawyer interviewed Silicon Valley IP Law Blog Author Kristie Prinz, as discussed in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/silicon-valley-ip-licensing-law-blog-author-kristie-prinz-profiled-in-thescitechlawyer/

The Silicon Valley IP Licensing Law Blog reported on the  interview by Patrick Reilly of blog author Kristie Prinz in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/kristie-prinz-discusses-intellectual-property-licensing-with-ip-societys-patrick-reilly/

Silicon Valley IP Licensing Law Blog report on Technology Transfer Tactic’s Interview of blog author Kristie Prinz at the following blog post:

http://www.siliconvalleyiplicensinglaw.com/technology-transfer-tactics-interviews-kristie-prinz-on-tech-transfer-commercialization-dilemma/

The Silicon Valley IP Licensing Law Blog reported on the decision reached by the Seventh Circuit Court of Appeals in the Wisconsin Alumni Research Foundation v. Xenon Pharmaceuticals, Appeal No. 08-1351 (7th Cir. 2010), affirming the licensor’s rights in an exclusive license to joint intellectual property in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/seventh-circuit-court-of-appeals-issues-ruling-which-affirms-rights-in-an-exclusive-license-to-joint-intellectual-property/

The Silicon Valley IP Licensing Law Blog discussed the likely impact of the FTC’s lawsuit against Intel on Silicon Valley in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/ftcs-suit-against-intel-what-will-be-the-impact-on-the-silicon-valley/.

The Silicon Valley IP Licensing Law Blog announced the launch of the Prinz Law Store in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/the-prinz-law-store/

The Silicon Valley IP Licensing Law Blog discussed the ALI Software Contract Principles’ treatment of implied and express warranties in software contracts in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/series-on-ali-software-contract-principles-clarify-rules-on-implied-and-express-warranties-in-software-contracts/

The Silicon Valley IP Licensing Law Blog reported on the launch by the Electronic Frontier Foundation (“EFF”) of a website to track modifications to online terms and conditions in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/electronic-frontier-foundation-launches-new-site-to-track-modifications-to-online-terms-and-conditions/

The Silicon Valley IP Licensing Law Blog looked at the Bilski Case and its potential implications for Silicon Valley in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/supreme-court-agrees-to-hear-bilski-case-decision-to-have-broad-implications-for-silicon-valley-companies/

The Silicon Valley IP Licensing Law Blog reported on the ALI Software Contract Principles on implied warranty and implied indemnification in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/series-on-ali-software-contract-principles-changes-default-rule-from-implied-warranty-to-implied-indemnification-against-infringement/

The Silicon Valley IP Licensing Law Blog reported on the Associated Press’s plans to police the blogosphere in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/associated-press-interview-offers-some-insight-on-its-plans-to-police-blogosphere/

The American Law Institute has approved the Principles of the Law of Software Contracts, as the Silicon Valley IP Licensing Law Blog reported in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/american-law-institute-approves-principles-of-the-law-of-software-contracts/

The Copyright Office has responded to claims that the Copyright Office has been experiencing a backlog, as the Silicon Valley IP Licensing Law Blog reported in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/copyright-office-issues-response-to-backlog-reports/

The Copyright Office has announced the adoption of new fees, as was reported by the Silicon Valley IP Licensing Law Blog in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/copyright-office-announces-fee-increases-effective-august-1-2009/

The Silicon Valley IP Licensing Law Blog compared and contrasted the Leahy-Hatch and Kyl Patent Reform Bills in the follow blog post linked below:

http://www.siliconvalleyiplicensinglaw.com/congress-set-to-consider-leahy-hatch-kyl-patent-reform-bills/

Amazon has published licensing terms for Kindle blog publishing, which terms have drawn some criticism in the blogosphere, as the Silicon Valley IP Licensing Law Blog explains in the following blog post link below:

http://www.siliconvalleyiplicensinglaw.com/blogosphere-reacts-to-licensing-terms-for-amazons-new-kindle-publishing-for-blogs/

The backlog issues once limited to the Patent and Trademark Office have spilled over to the Copyright Office as well, as the Silicon Valley IP Licensing Law Blog reported in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/backlog-issues-no-longer-limited-to-uspto-copyright-office-also-experiencing-long-delays/

What is behind the recent increase of trade secret litigation against former employees, who have been let go from Silicon Valley companies?  The Silicon Valley IP Licensing Law Blog explored this issue in the following blog post linked below:

http://www.siliconvalleyiplicensinglaw.com/trade-secret-litigation-on-the-rise-against-laid-off-employees/

Have you run searches lately on the Internet to verify that none of your company’s works have been infringed?  If you were to run such a search, you are likely to find infringement on the Internet, according to this blog posting by the Silicon Valley IP Licensing Law Blog linked below:

http://www.siliconvalleyiplicensinglaw.com/copyright-infringement-on-the-internet-problem-is-no-longer-confined-to-entertainment-industry/.

Are you considering entering into a collaboration with another business?  If this is something you are considering, you should get the right agreements in place before moving forward, as the Silicon Valley IP Licensing Law Blog explained in the following blog posting linked below:

http://www.siliconvalleyiplicensinglaw.com/collaborating-can-create-legal-headaches-if-the-appropriate-ip-agreements-are-not-in-place/

The Federal Circuit has reached a decision in Tafas v. Doll, which is a case that challenged the rulemaking authority of the USPTO, as the Silicon Valley IP Licensing Law Blog discussed in the following blog post linked below:

http://www.siliconvalleyiplicensinglaw.com/decision-reached-in-case-that-challenged-patent-rulemaking-authority-by-uspto/

Facebook has decided to obtain user input on the terms and conditions comprising is new statement of rights and responsibilities, as the Silicon Valley IP Licensing Law Blog reported in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/facebook-adopts-townhall-format-to-allow-users-to-comment-and-vote-on-new-statement-of-rights-and-responsibilities/

Is the Kindle 2 audiobook text-to-speech feature infringing book author copyrights?  The Silicon Valley IP Licensing Law Blog explored the controversy and Amazon’s attempt at resolving the issue in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/anticipating-likely-copyright-battle-amazon-backs-down-over-kindle-2-audio-feature/

Facebook has reversed its unpopular decision to change its content licensing policy and other terms and conditions in response to pressure from users and commentators on the Internet, as the Silicon Valley IP Licensing Law Blog explained in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/facebook-reverses-decision-and-announces-temporary-return-to-prior-terms-and-conditions/

Facebook set off a controversy by amending its terms and conditions to permit broad commercialization of content on its website.  The Silicon Valley IP Licensing Law Blog explored this controversy and the amended licensing terms in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/facebook-licensing-controversy-prompts-public-to-take-closer-look-at-social-networking-site-terms-and-conditions/

How do you perserve your maintenance agreement revenue stream in a bad economy?  The Silicon Valley IP Licensing Law Blog looked at this issue in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/maintenance-agreements-how-to-ensure-your-revenue-stream-continues-through-the-recession/

While looking at cutting expenses is a natural business step in response to a recession, your company should also consider whether adopting a licensing strategy for the IP portfolio might be a more profitable solution to dealing with a recession, as the Silicon Valley IP Licensing Law Blog explains in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/should-you-look-to-your-intellectual-property-portfolio-to-get-through-this-recession/.

Did artist Stephen Fairey infringe a photograph of President Obama?  The Silicon Valley IP Licensing Law Blog explored the allegations and controversy in the following blog post linked below:

http://www.siliconvalleyiplicensinglaw.com/associated-press-alleging-artist-stephen-fairey-infringed-president-obama-photograph/

Should you try to renegotiate your contracts in a bad economy?  The Silicon Valley IP Licensing Law Blog has been exploring this issue and explains why you should consider renegotiation when the economy changes business conditions both parties are operating under in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/more-on-renegotiating-contracts-in-the-bad-economy/

Should you consider renegotiating signed contracts in a recession or poor economy?  The Silicon Valley IP Licensing Law Blog explores this issue and makes a case for why renegotiation should be a priority in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/bad-economy-presents-opportunity-to-renegotiate-contracts/

If you have third party logos posted on your website, have you ever considered whether or not you are infringing on the third party’s intellectual property rights by displaying those logos on your site?  If not, perhaps this is something you should consider, as the Silicon Valley IP Licensing Blog explains in the following blog post link:

http://www.siliconvalleyiplicensinglaw.com/is-your-business-infringing-on-the-intellectual-property-in-other-companies-logos/

The Silicon Valley IP Licensing Law Blog discussed why businesses should consider conducting periodic IP licensing audits and what they should be looking for in those audits in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/should-your-business-conduct-an-ip-licensing-audit/

A verdict was reached in a case filed by retired NFL players against the players union for failing to include them in lucrative licensing deals involving video games and other sports products.  The Silicon Valley IP Licensing Law Blog discussed the case and the verdict in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/retired-nfl-players-win-verdict-against-union-for-failing-to-include-them-in-licensing-deals/

The Silicon Valley IP Licensing Law Blog explored the question of whether the blogosphere should adopt the creative commons licensing model in the following blog post link:

http://www.siliconvalleyiplicensinglaw.com/should-the-blogosphere-adopt-the-creative-commons-licensing-model/

The Silicon Valley IP Licensing Law Blog looked at this issue of whether copyright reform rather than patent reform should be on the table, and if so, why, in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/copyright-reform-is-it-time-to-take-patent-reform-off-the-table-and-work-on-copyright-reform/

What are the lessons to be learned from the case of the ex-Intel Corporation employee accused of stealing trade secrets and giving them to his new employer, rival Advanced Micro Device?  The Silicon Valley IP Licensing Law Blog looked at this issue in a recent blog post:

http://www.siliconvalleyiplicensinglaw.com/trade-secrets-case-provides-important-lesson-to-employers-and-employees-on-the-significance-of-employment-agreements/

Can companies save money on legal costs by investing in good legal templates?  The Silicon Valley IP Licensing Law Blog explored this issue in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/cutting-legal-costs-by-investing-in-good-templates/

The Silicon Valley IP Licensing Law Blog explored the issue of whether open source licensing is a viable business model in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/open-source-licensing-is-it-a-viable-business-model/

The Silicon Valley IP Licensing Law Blog examined the issue of how a license grant should be drafted in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/license-grant-language-how-should-it-be-drafted/

The Silicon Valley IP Licensing Law Blog explored the issue of whether there is a market for blog content licensing in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/blog-content-licensing-is-there-a-market-for-it/

Yahoo Music has advised its customers that it will be shutting down its digital rights management services and issuing refunds to customers, as reported by the Silicon Valley IP Licensing Law Blog in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/yahoo-music-to-shut-down-service-issue-refunds-to-customers/

The Silicon Valley IP Licensing Law Blog examined the pros and cons of consortia licensing in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/consortia-licensing-is-this-an-ideal-way-to-license-intellectual-property/

The Silicon Valley IP Licensing Law Blog explored the issue of the enforceability of the iTunes Music License in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/itunes-music-license-is-it-really-enforceable/

Should the Associated Press have the right to set its own standards as to how much quoting from an Associated Press article constitutes fair use and how much requires the payment of a royalty?  The Silicon Valley IP Licensing Law Blog looked at this issue in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/blogosphere-reacts-to-associated-press-assault-on-fair-use-doctrine/

The Supreme Court is considering whether to take a case which would address the issue of whether major league baseball players’ names and statistics constitute the intellectual property of Major League Baseball, requiring the payment of a royalty fee.  The Silicon Valley IP Licensing discuss this case in the following blog post:

http://www.siliconvalleyiplicensinglaw.com/supreme-court-to-consider-fantasy-baseball-case-do-players-names-and-statistics-constitute-major-league-baseball-intellectual-property/

Visit the Silicon Valley Ip Licensing Law Blog at http://www.siliconvalleyiplicensinglaw.com

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