Silicon Valley IP Licensing Law Blog Author Kristie Prinz to Present Webinar on “Negotiating SaaS Agreements: Drafting Key Contract Provisions, Protecting Customer and Vendor Interests”

Comments Off on Silicon Valley IP Licensing Law Blog Author Kristie Prinz to Present Webinar on “Negotiating SaaS Agreements: Drafting Key Contract Provisions, Protecting Customer and Vendor Interests” Written by on June 2, 2017 | Posted in Upcoming Speaking Engagements

Silicon Valley IP licensing Law Blog Author Kristie Prinz will be co-presenting a webinar on “Negotiating SaaS Agreements: Drafting Key Contract Provisions, Protecting Customer and Vendor Interests”  with Kelley Miller of Reed Smith on August 8, 2017 at 10:00 a.m. PST/1:00 p.m. EDT. To register for this webinar, please sign up at:  https://www.straffordpub.com/products/negotiating-saas-agreements-drafting-key-contract-provisions-protecting-customer-and-vendor-interests-2017-08-08. Related posts: […]

Controversial Ninth Circuit Ruling May Limit the Availability of the DMCA Safe Harbor for Websites Relying on Moderators

Comments Off on Controversial Ninth Circuit Ruling May Limit the Availability of the DMCA Safe Harbor for Websites Relying on Moderators Written by on April 13, 2017 | Posted in Copyright Cases of Interest, Copyright Infringement, IP Licensing Litigation

A controversial ruling by the Ninth Circuit Court of Appeals was issued last week, which has the potential to discourage websites from relying on moderators for user-generated content going forward. In the case of Mavrix Photographs LLC v. LiveJournal, Inc., No. 14-56596 (9th Cir. filed April 7, 2017), the Court ruled that agency law applied […]

SaaS Contracts: Is Your SaaS Contract Extending Your Sales Cycle?

Comments Off on SaaS Contracts: Is Your SaaS Contract Extending Your Sales Cycle? Written by on March 3, 2017 | Posted in Upcoming Speaking Engagements

The average sales contract being signed by a SaaS company has nothing to do with the technology being sold and fails to include all of the key contract terms that need to be in a SaaS contract.  Moreover, the average SaaS contract is more often than not actually a software license being passed off as […]

Passage of Defend Trade Secrets Act Provides Silicon Valley Companies New Trade Secret Enforcement Tools

Comments Off on Passage of Defend Trade Secrets Act Provides Silicon Valley Companies New Trade Secret Enforcement Tools Written by on May 3, 2016 | Posted in Commercialization of Intellectual Property, IP Legislation, Trade Secret Legislation

When Congress passed the Defend Trade Secrets Act last week, legislators significantly expanded the tools available to Silicon Valley companies for addressing acts of trade secret misappropriation.  Previously, trade secrets law had been largely a matter of state law, and U.S. companies seeking to file a claim for trade secrets misappropriation had been limited to […]

Silicon Valley IP Licensing Law Blog Author Kristie Prinz to Speak at Upcoming Webinar on “Negotiating Software as a Service Contracts”

Comments Off on Silicon Valley IP Licensing Law Blog Author Kristie Prinz to Speak at Upcoming Webinar on “Negotiating Software as a Service Contracts” Written by on March 24, 2016 | Posted in Blog News

Silicon Valley IP Licensing Law Blog author Kristie Prinz has been invited to present a webinar on “Negotiating Software as a Service Contracts” for Clear Law Institute on May 6, 2016 at 10 a.m. PST/1 p.m. EST.  For more information on the event or to register, please visit the Clear Law Institute website at http://clearlawinstitute.com/.  […]

The Prinz Law Office Launches New Copyright Law Meetup Group

Comments Off on The Prinz Law Office Launches New Copyright Law Meetup Group Written by on December 15, 2015 | Posted in Blog News

The Prinz Law Office has just launched a new meetup group on copyright law issues in conjunction with the High Tech Section of the Santa Clara County Bar Association.  The new meetup group will be called: Copyright, Software, Internet & Social Media and the Law.  The firm anticipates having in-person as well as remote access […]

Supreme Court Rules Patent Invalidity is Not a Defense to Induced Patent Infringement Claim in Commil USA Case Against Cisco Systems

Comments Off on Supreme Court Rules Patent Invalidity is Not a Defense to Induced Patent Infringement Claim in Commil USA Case Against Cisco Systems Written by on May 26, 2015 | Posted in Patent Cases of Interest, Patent Infringement Litigation

supreme court, patent invalidity, induced infringement, induce to infringe, Justice Scalia, dissent, Cisco Systems, Commil, Commil USA, Silicon Valley

Taking Time to “Date” Before Pursuing an IP Acquisition “Marriage”

Comments Off on Taking Time to “Date” Before Pursuing an IP Acquisition “Marriage” Written by on May 22, 2015 | Posted in IP Licensing Deals, IP Transactions

Lately many of my technology clients have been negotiating deals involving the purchase or sale intellectual property, so this Forbes story on choosing the right acquisition partner caught my attention. The author carried an interesting analogy about dating through the piece, and listed a number of considerations that a business should have before pursuing either […]

Should You Follow the Advice of this Start-up if Approached with a Demand Letter by a So-Called ‘Patent Troll’?

Comments Off on Should You Follow the Advice of this Start-up if Approached with a Demand Letter by a So-Called ‘Patent Troll’? Written by on March 23, 2015 | Posted in Patent Infringement Litigation

Tech Crunch published an interesting commentary today written by Chris Hulls, Chief Executive Officer of Life360, in which Mr. Hulls shares his story of taking on a patent troll and urges other start-ups to do the same. For those of you who are unfamiliar with the Life360 patent case, Ars Technica recently published an article […]

Copyright Reform on the Table in Congress: Songwriter Equity Act of 2015 Introduced in the House of Representatives

Comments Off on Copyright Reform on the Table in Congress: Songwriter Equity Act of 2015 Introduced in the House of Representatives Written by on March 18, 2015 | Posted in Commercialization of Intellectual Property, Copyright Legislation

Copyright reform is on the table again in Congress.  A bill to amend the Copyright Act has just been introduced: the Songwriter Equity Act of 2015.  The text of the bill is available at the attached link.  Surprisingly, the bill was introduced by Rep. Doug Collins from the 9th District of Georgia.  While the Atlanta […]

Lessons from the Copyright Infringement Verdict Against Robin Thicke and Pharrell Williams

Comments Off on Lessons from the Copyright Infringement Verdict Against Robin Thicke and Pharrell Williams Written by on March 12, 2015 | Posted in Commercialization of Intellectual Property, Copyright Cases of Interest, Copyright Infringement, IP Licensing Litigation, Music Licensing

A verdict was reached earlier this week in the copyright infringement case between Robin Thicke and Pharrell Williams and the children of Marvin Gaye, finding that the 2013 song “Blurred Lines” infringed on the copyright in Marvin Gaye’s 1977 song “Got to Give it Up.”  Tech Times reported that Gaye’s children have been awarded $4 […]

Pitfalls in Negotiating and Drafting Exclusive Licensing Deals: Lessons from Macy’s Dispute with JcPenney’s Over its Martha Stewart Product Line

Comments Off on Pitfalls in Negotiating and Drafting Exclusive Licensing Deals: Lessons from Macy’s Dispute with JcPenney’s Over its Martha Stewart Product Line Written by on March 4, 2015 | Posted in Commercialization of Intellectual Property, IP Licensing Deals, IP Transactions

When a new client contacts me for assistance in negotiating a licensing deal, the client almost always informs me that the deal is going to be an exclusive licensing arrangement.  However, when I engage the client further to tell me more about the proposed exclusivity deal, in most cases the proposed terms on the table […]

Practical Tips on Choosing your Start-Up’s Name

Comments Off on Practical Tips on Choosing your Start-Up’s Name Written by on February 27, 2015 | Posted in Commercialization of Intellectual Property

Given my Silicon Valley location, I often am consulted by entrepreneurs and start-ups who have just started a business and are seeking advice on how to protect their trademarks.  However, more often than not, I quickly determine that the name that the entrepreneur or start-up has selected is a poor mark and my advice ends […]

Recent Interview of Kristie Prinz for World Trademark Review

Comments Off on Recent Interview of Kristie Prinz for World Trademark Review Written by on October 10, 2014 | Posted in Blog News, Trademark Infringement

I wanted to share with blog readers a recent interview I had with World Trademark Review following up on the media coverage regarding the shutdown of TwitPic. Click here to view the World Trademark Review story.    Related posts: Twitpic’s Abrupt Announcement to Shut Down over Trademark Dispute: Convenient Excuse or Full Story? Genetic Engineering […]

Challenges of Negotiating a Licensing Deal with a Start-Up

1 Comments Written by on September 12, 2014 | Posted in Commercialization of Intellectual Property

I recently gave a webinar on Negotiating License Agreements with Start-Ups, and wanted to follow up on that program with some comments for Silicon Valley IP Licensing Law Blog readers on some of the challenges that companies may face when negotiating an IP licensing deal with a start-up. In the years that I have worked […]

Successfully Managing Intellectual Property Disputes as an Early-Stage Start-up

Comments Off on Successfully Managing Intellectual Property Disputes as an Early-Stage Start-up Written by on September 11, 2014 | Posted in IP Licensing Litigation

TechCrunch posted an article this afternoon written by attorney David Soofian, which caught my attention, addressing the issue of what to do as a young start-up if you are sued for patent infringement.   In particular, the article addressed the challenges posed by so-called patent trolls, who use “weak patents to go after young tech […]

Trademark Commissioner Resigns over Allegations of Nepotism Law Violations

Comments Off on Trademark Commissioner Resigns over Allegations of Nepotism Law Violations Written by on September 8, 2014 | Posted in USPTO & Copyright Office Developments

Trademark Commissioner Deborah Cohn was reported by The Washington Times to have announced her resignation today after allegations were reportedly made against her that she had violated nepotism laws.  A Federal Times article from July provides some additional background on the reported scandal. This particular Washington scandal has received virtually no coverage outside of the […]

Getty Images Copyright Dispute Against Microsoft to Challenge Legality of Recently Released Widget

Comments Off on Getty Images Copyright Dispute Against Microsoft to Challenge Legality of Recently Released Widget Written by on September 5, 2014 | Posted in Commercialization of Intellectual Property, Copyright Cases of Interest, Copyright Infringement, IP Licensing Litigation

Getty Images made news in the copyright world this week by filing a complaint against Microsoft Corporation in the Southern District of New York  for “infringing and facilitating the massive infringement of [its] copyrights” through its release of the new Bing Image Widget service.  To review the full complaint, click here. The case is significant […]

Twitpic’s Abrupt Announcement to Shut Down over Trademark Dispute: Convenient Excuse or Full Story?

1 Comments Written by on September 4, 2014 | Posted in Trademark Filings, Trademark Litigation

Twitpic announced in a blog posting today that it will be shutting down on Sept. 25th over a trademark dispute with Twitter regarding the use of the name “twitpic.” Various media outlets have also covered the announcement such as  Wall Street Journal and Time. The reporting on this story has thus far not raised many […]

Landmark Copyright Verdict Against Media Companies Serves as Cautionary Tale to All

Comments Off on Landmark Copyright Verdict Against Media Companies Serves as Cautionary Tale to All Written by on February 10, 2014 | Posted in Commercialization of Intellectual Property, Copyright Cases of Interest, Copyright Infringement, IP Licensing Litigation

In case you missed the headlines late last year, freelance photographer Daniel Morel was awarded a $1.2 million damage verdict against Agence France-Presse (“AFP”) and Getty Images after it was found that they willfully infringed Mr. Morel’s photos of the 2010 earthquake in Haiti.   The verdict caught my attention given the fact so many clients […]

Supreme Court Rules that Patent Owner Bears Burden of Proving Infringement in Licensing Dispute

Comments Off on Supreme Court Rules that Patent Owner Bears Burden of Proving Infringement in Licensing Dispute Written by on February 8, 2014 | Posted in Commercialization of Intellectual Property

The U.S. Supreme Court recently issued a decision in the licensing dispute case of Medtronic Inc. v. Mirowski Family Ventures, LLC, where the Court held that the patent owner had the burden of proving infringement when the licensee files a declaratory judgment action in a patent licensing dispute. What are the facts in this case? […]

Steering Clear of Marketing Traps Around Milestone Events

Comments Off on Steering Clear of Marketing Traps Around Milestone Events Written by on February 7, 2014 | Posted in Trademark Licensing

If you are in the marketing/advertising business, your success depends largely on coming up with innovative new ways to promote a customer’s product or event offering.  Thus, when a milestone event arises in the sports, music, or film worlds, you may be inspired to try to capitalize on those events by tying your marketing efforts […]

Supreme Court to Hear Streaming TV Over the Internet Case

Comments Off on Supreme Court to Hear Streaming TV Over the Internet Case Written by on February 3, 2014 | Posted in Content Licensing, Copyright Infringement, IP Licensing Litigation

Like many cable and satellite TV consumers these days, I have been closely following the new options on the market for streaming TV service and hoping that the day will soon come when I can significantly reduce my monthly subscription costs without cutting off my access to live TV.   With the cost of living […]

Copyright Office Seeking Comments on Possible Change to Small Claims Remedies

Comments Off on Copyright Office Seeking Comments on Possible Change to Small Claims Remedies Written by on October 5, 2012 | Posted in Copyright Infringement, Copyright Legislation

As an attorney who largely represents small businesses and entrepreneurs, I have often found myself in the tough position of explaining to someone with limited resources just how difficult it was going to be to go after an infringer.  Either it is simply too cost-prohibitive to go after an infringer, or the client has the […]

Google Reaches Settlement with Book Publishers in Copyright Infringement Case

Comments Off on Google Reaches Settlement with Book Publishers in Copyright Infringement Case Written by on October 5, 2012 | Posted in Copyright Infringement

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 Los Angeles Times is reporting that the settlement […]

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