Waller TIPS

Waller TIPS

Perspectives on Intellectual Property Issues

Monthly Archives: June 2012

Think Twice Before Labeling Products “Green”

Posted in Advertising
You wouldn’t label your product “red” if inspection reveals it to be blue.  Similarly, a product or service should not be touted as “green” if it is not demonstrably environmentally friendly. The Federal Trade Commission (FTC) imposes limits on the commercial use of terms such as “green,” “eco-friendly,” “recyclable” and “environmentally friendly” as part of its effort … Continue Reading

CSUSA Panel on Digital Activism

Posted in Copyright, Internet
Last week, I had the pleasure of spending time with some of my favorite copyright lawyers at the Copyright Society of the USA (CSUSA) annual meeting. On Tuesday morning, Jay Rosenthal of NMPA, Mitch Glazier of RIAA, professor Robert Brauneis and author Robert Levine discussed the politics of copyright. The following is a summary of … Continue Reading

Micro Entity Patent Filing Fees

Posted in Patent
The Leahy-Smith America Invents Act of 2011 establishes a new fee structure for the solo inventor (or university employee) to be known as “micro entities.”  35 U.S.C. 123.  The purpose is to allow these micro entities to receive a seventy-five percent (75%) reduction in patent filing fees. In simplistic terms, a micro entity is one … Continue Reading

“Old Dog, New Trick” in Claims Against Franchisors for Franchisees’ Actions

Posted in Advertising, Franchise
Nearly every franchisor has suffered threats of litigation based upon the actions of its franchisees.  These threats are not necessarily limited to claims stemming from the franchisees’ delivery of services (from mold remediation to serving tasty food which does not result in gastro-intestinal distress), but may extend to those arising from the franchisees’ employment decisions.  … Continue Reading