Author Archives: Cynthia Sanders

Social Media Makes Healthcare More Personal

The Mayo Clinic Center for Social Media has a mission to personalize healthcare by using social media. Crazy – you say? By following best practices, healthcare providers can share their stories. True – covered entities and their business associates may not share protected health information. But we can share stories about our institutions and share […]

Coincidence or copyright infringement? You be the Judge.

Sam Smith says that it’s a coincidence that his song “Stay with me” is similar to Tom Petty’s “Stand my ground” but won’t hang his hat on independent creation, where one author creates an identical or similar work without access to the previous work. Perhaps Mr. Smith is concerned that he may have subconsciously infringed […]

Killing the Buzz: The “Highs” and Lows of Marijuana-Related Trademarks

This post is the first in a series by Kumar Jayasuriya, attorney and Ober’s multi-talented Legal Research Manager.   May a company register a trademark connected to the use of a controlled substance, such as marijuana? Recently, a federal court said “Yes.”  Started in 1974, the periodical magazine High Times reports on the medical and […]

5 Reasons Not to “Right-Click” a Google Image for Your Blog

Google and other image search engines are a free and easy way to get visual information. Search engines are not the best way to find an image for your blog. Your copy of an online search image may not cause trouble if used in an off-line collage or physical artwork. Use of that same image online, however, carries […]

FTC Seeks Your Comments on Proposed Verifiable Parental Consent under COPPA

On November 19, 2014, the Federal Trade Commission announced that it is seeking public comment on a second proposed verifiable parental consent method by AgeCheq, an online privacy protection service. The Children’s Online Privacy Protection Act (COPPA) requires children and family-friendly website operators and app developers to (1) post privacy policies and (2) notify and obtain verifiable consent from […]

Fan Fiction Gets Weird

Popular author L.J. Smith of the Vampire Diaries series was terminated by her publisher and replaced with a ghostwriter. Some fans are content to continue reading the now ghostwritten series. Other fans are buycotting. What did L.J. Smith do? She is writing new Vampire Diaries stories as “fan fiction”. Fan fiction is understood as meaning stories […]

Gov. Chris Christie’s Four Liter Jersey Traffic Jam

Irresistable mash-up by “the Bosses” for the Gov, delighting both my “Jersey Girl” and copyright lawyer personalities.

US Supreme Court to take on the patentability of software. Can the decision reduce the incidence of troll attacks?

Mathmatical algorithms are unpatentable. Software is a collection of algorithms expressed in machine code. Under current law, only software that involves a specific machine or physical result. The U.S. Supreme Court accepted cert in a case,  Alice Corporation Pty. Ltd. v. CLS Bank International (docket 13-298), involving financial software to mitigate risk in settlement transactions. The trial […]

Fair use ruling for Richard Prince stands, Supreme Court declines to hear Patrick Cariou’s appeal

The US Supreme Court has declined to hear Patrick Cariou’s appeal requesting a rehearing of his case against Richard Prince. The decision came one week after district court Judge Deborah Batts* accepted amicus briefs from the Andy Warhol Foundation for the Visual Arts and the Rauschenberg Foundation encouraging consideration of the opinions of art historians […]

Using the term Natural in food advertising? Products claiming to be ‘au natural’ may need to meet a higher standard

“My food is more natural than your food” lawsuits have been bountiful in the last few years. Following this trend is a “food advertising modernization” bill, HR 3147, introduced by U.S. Representatives Pallone and DeLauro, that would require advertisers who claim their products are ‘All Natural’ to prove that the food does not contain synthesized artificial ingredients that […]