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Archives: New Media Law

Trademark Case Study: Pat Flynn of Smart Passive Income


Pat Flynn is a big deal in the world of online business and marketing. He often speaks about his unexpected start as an entrepreneur, a story that includes some interesting lessons about trademarks. Whether or not you’re familiar with Pat and his work, I hope his story will be useful.

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Another Online Arbitration Agreement Invalidated in Court


Online Terms of Use: You don’t like them, I don’t like them, nobody likes them. I have yet to have someone tell me, “I found the greatest website, their terms of use are the coolest!” However, these terms are somewhat important, as they govern our activities online, which is where we spend 47.1% of our day. The process of settling disputes in this area is often governed by an online arbitration agreement. So maybe it’s worth taking another look (following my September 2014 blog post, When Are Online Arbitration Agreements Enforceable?) at arbitration language in light of a recent case.

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Podcast Trademark Tips


Podcasts continue to grow in popularity. If you’re a podcaster, or you’re thinking of launching your own podcast, what do you need to know about trademarks? I’ve put together some Podcast Trademark Tips to help keep podcasters out of legal trouble and guide them towards brands that they can own and protect.

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Can You Use Copyright to Combat Controversial Online Speech?


The Internet is full of every imaginable kind of speech – including speech that many people find offensive. One UK-based group that advocates “Straight Pride” (as opposed to, say Gay Pride) attempted to use US copyright law to take down a controversial online interview. Is copyright law the right tool to control online messaging?

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