@AdlerLaw

@adlerlaw is a blog devoted to helping entrepreneurs and creative professionals identify, protect and monetize their creative content and ideas and take advantage of the opportunities presented by today’s digital business platforms.

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Latest from @AdlerLaw

Just How Enforceable Are Online Terms? What You Need To Know

We have all, at some point while online, clicked on the “I Accept” button without giving it a second thought. Whether creating a social media account, signing up a for an online service, or just trying to get to bank statements, more and more businesses are linking to their standard terms and conditions online for suppliers and customers. But just how enforceable are these? Does it matter where the link is displayed or how it is displayed. Some courts have refuse to enforce online disclosures due to perceived problems
Continue Reading Ping® February 2022 – Just How Enforceable Are Online Terms?

Review Your Contracts Every Year.

One of the most important tools to protect your business – your ideas (copyrights, trademarks, trade secrets, confidential and proprietary information), customer relationships and talent pool – is your written contract. Your contract is the foundation for a reliable relationship for you, your customers and your employees. More importantly, it helps to prevent misunderstandings and false expectations that can lead to a breakdown in your customer relationship, jeopardize projects, or even worse, result in litigation.    

Starting with a form is just OK.

Many companies start with a model or “form” contract adapted from forms available
Continue Reading Ping® January 2022 – Reminder To Review Your Contracts

Scope

The law goes into effect January 1, 2022 and amends the Freedom to Work Act (the Act), which restricts the use of non-compete agreements for low wage workers. For the first time, Illinois will have statutory requirements for mandatory review periods, definitions of adequate consideration and legitimate business interests, as well as specific salary minimums for employees subject to restrictive covenants. 

Application

The law will apply to non-compete and non-solicit covenants. The law does not apply to contracts covering confidential and proprietary information, protection of trade secrets, or inventions assignment agreements. The law also does not address covenants for independent contractors, and expressly
Continue Reading Ping® October 2021 Changes Coming to Non-Compete Agreements in Illinois

Herman Miller, Inc. – a leading furniture brand and purveyor of the iconic Eames Chair Design – suffered a loss at US Trademark Trial and Appeal Board (TTAB) in its bid to protect as “trade dress” the design of the chair. The case involves a well-known chair design dating from the 1940’s, by designers Ray and Charles Eames. The chair ultimately was recognized by Time Magazine as the Best Design of the 20th Century, and now is in the design collections of numerous museums. Herman Miller sought registration of most of the chair’s configuration as a mark, depicted in more
Continue Reading Ping® – Arts, Entertainment, Media and Advertising Law News – Protecting Furniture Design Keeps Getting Harder

“Five Rs” To Remember When Letting Employees Go

It is inevitable in almost every business. You will need to let an employee go. Whether it’s a seasoned designer coming with plug-and-play experience or a fresh face just out of design school, sometimes it just doesn’t work out. Recently, several of my designer clients have had to fire an employee due to the employee’s misconduct. This could be anything from soliciting and directing company clients and prospects, to doing personal consulting work on the company’s dime, to taking property and information. Regardless of the reason, here are five “R”s to keep
Continue Reading Ping® – Arts, Entertainment, Media & Advertising Law News – “Five Rs” To Remember

U.S. Olympic and Paralympic Committee: The Gold Standard for Trademark Protection. By Kelli Ovies August 3, 2021

The Ted Stevens Olympic and Amateur Sports Act is a United States law (codified at 36 U.S.C. Sec. 220501 et seq. of the United States Code) that charters and grants monopoly status to the United States Olympic Committee, and specifies requirements for its member national governing bodies for individual sports.

Minefield or Mint? Endorsement deals come thick and fast for college athletes, as NCAA floodgates open. BY Khristopher J. Brooks July 29, 2021 MONEYWATCH

The NCAA must now let student athletes
Continue Reading Ping® – Arts, Entertainment, Media & Advertising Law News

The motivation to create Ping® stems from my experiences running the Entrepreneurial & Start-up Ventures Committee, and the Media, Arts & Entertainment Committee of the Chicago Bar Association, participation in Illinois State Bar Association committees, and public speaking engagements on the subjects of intellectual property, information technology, privacy, security and entertainment law. 

Every forum meeting or presentation ends with in-depth questions from the audience. I publish Ping® to share knowledge and educate creative professionals and entrepreneurs to be better business owners and managers.Is the Ping® Newsletter useful or informative for you? Let us know in the comments section, below.
Continue Reading Tell Us How We’re Doing

Perhaps you’ve seen them, those television and radio ads that talk about the “creepy” nature of some adverting on the Internet that follows consumers across their social media. According to Pew Research, most Americans believe their online activities are being tracked and monitored.

The fact is, most companies can and do share data with social media platforms to ensure targeted advertising reaches receptive audiences. As more tools become available and the variety of data sources grows globally, platforms and advertisers are re-examining their rights and obligations when it comes to something as simple as matching customers’ email addresses with
Continue Reading Social Media Advertising Tools And User Consent: What Are The Requirements?

On November 13, I had the honor of providing a lecture on Cyberlaw to students at the Boston College Law School. Virtually, of course. I had been asked to talk about trends in Cyberlaw with a specific focus on issues related to intellectual property.

So what is Cyberlaw? Simply put, it is the “Rules of the Road” for the “information superhighway.” Cyber law is the law that governs rights, obligations and remedies of people and transactions conducted over global computer networks.

In a year that has seen hyperbolic growth in technology, commerce, and communications, this topic couldn’t be more timely.
Continue Reading What Is Cyberlaw?

COVID-19 is changing consumer behavior in important and probably permanent ways. This is why marketers should take notice.

Sparked by the coronavirus pandemic, consumer and business e-commerce transactions accelerated the ongoing shift toward online commerce. This enables even more marketing opportunities that create real time connections with customers. From pink ribbons to Product Red, social feeds are full of calls to support those in need. In this way, online cause marketing can drive “consumption philanthropy” replacing mindless buying with virtuous action. Tying cause-worthy buying with the latest ecommerce boom creates new opportunities for marketers.

However, before turning your blog, social media
Continue Reading COVID-19 is changing consumer behavior in important and probably permanent ways.

A client was asking “is it necessary to fill out all the paperwork to register a design even though the law says you already own it?”
It’s a good question. Technically, under the Copyright Act as amended in 1976, the author (creator) of a work owns the copyright. The 1976 Act states that copyright protection extends to original works that are fixed in a tangible medium of expression. This wording broadens the scope of federal statutory copyright protection from the previous “publication” standard to a “fixation” standard. No further action is necessary. Under previous versions of the law, there were
Continue Reading Is It Necessary To Register A Design Copyright?

Looking for Business Opportunities Ahead of the Economic Fallout
In this difficult time of staying at home, people may be looking to buy or sell a business. We have all been impacted in different ways, each of which may be a reason to make a change. Traditional reasons people exit a company arise because of changing economic conditions, a tragic family event, a loss of passion, or simply the desire to retire. At the same time, buyers may be seeking to expand in a sector or industry, add talent, enlarge the customer base, or acquire technologies or resources that can
Continue Reading Why Now is the Time to Buy or Sell a Business

The California Consumer Privacy Act (“CCPA”) was enacted in early 2018 and went into effect in 2020. Among many concerns about the ability of small businesses to comply with obligations imposed by the CCPA is the requirement that a company allow Californians to access the information held about them, or, in some situations, request that the information that they provided to a company be deleted.  Your clients may be asking you about the CCPA.  While each business should evaluate the law in terms of its own specific situation, here are some general guidelines to start the process.
Does the
Continue Reading Does My Business Need A “Button” To Comply With The CCPA’s Do Not Sell Rule?

The California Consumer Privacy Act (“CCPA”) was enacted in early 2018 and will go into effect in 2020. Among many concerns about the ability of small businesses to comply with obligations imposed by the CCPA is the requirement that a company allow Californians to access the information held about them, or, in some situations, request that the information that they provided to a company be deleted.  Whether or not your practice involves regular questions of Privacy Law, your clients may be asking you about the CCPA.  By keeping data minimization objectives in mind and not over-thinking compliance
Continue Reading Privacy Law – How Do You Verify the Identity of a Data Requestor?

Seasoned business owners usually know enough to invest in the protection of some form of business entity. Too often, these individuals fail to engage in the necessary business and tax planning to get the most from their investment.
Whether you are a sole proprietor, partnership, corporation, limited liability company (LLC), limited liability partnership, or hybrid entity, you will gain useful knowledge. This webinar covers why a business owner should consider the benefits and costs of each type of entity, the existence of limited liability for owners, flexibility in terms of governance and ownership structure, and favorable treatment under state
Continue Reading Choosing the Right Legal Entity for Your Business – Webinar

At a time when #media creation & consumption is traveling across a growing number of devices, at increasing speeds, and without care for for borders whether physical, digital, or geographic, licensing, distribution and use of digital content can cause problems.
The case of Fastcase, Inc. v. Lawriter, LLC, Case No. 17-14110 (11th Cir. Oct. 29, 2018) (Tjoflat, J), involved a dispute between two legal publication service companies over the right to re-publish the Georgia Regulations.
The Declaratory Judgment defendant and presumptive rights owner had no enforceable copyright or contract rights in the Regulations. Defendant updated the terms so that unauthorized re-publication
Continue Reading Declaratory Judgment Action for Copyright Infringement