May It Please The Internet

May It Please The Internet

di John Di Giacomo & Eric Misterovich

Imprenditoria Amministrazione Marketing

Stagione 1

Trademark Infringement In The Wild

In this podcast discussion, various trademark infringement cases are examined, each presenting unique elements and legal intricacies. The cases discussed include disputes between the Pike Place Fish Market and the Pike Place Market Authority over the usage of the name "Pike Place Market" in a lease agreement, Rolls-Royce's legal action against HexClad for marketing its cookware products as "the Rolls-Royce of pans," Trader Joe's lawsuit against a labor union called Trader Joe's United for logo and merchandise similarities, and a trademark dispute between Skittles and the cannabis company Turpogs, which used a mark resembling "Skittles."The discussion starts with a Michigan-based client's trademark dispute involving a cannabis company, leading to a demand letter. The potential for licensing the trademark to the cannabis company is considered, but the client opts against it due to concerns about being associated with cannabis. The hosts also speculate about the possibility of larger companies, like Skittles, licensing their brands to cannabis products in the future.The conversation shifts to a case involving Fyre TV, an older streaming service compared to Amazon's Fire TV, resulting in a "reverse confusion" scenario where Amazon's brand overshadows the original mark holder. The hosts emphasize the risks and complexities of trademark law, suggesting that Amazon should have settled the case sooner.Subsequently, the podcast delves into a case involving the Isley Brothers, a band with a history of trademark disputes, where two brothers are suing each other over trademark ownership, highlighting the common issue of intra-band conflicts regarding trademark rights.Lastly, the hosts touch on a Michigan lawsuit concerning the denial of a state trademark registration due to a matching business entity name. They express their belief that this denial is inconsistent with traditional trademark law, as registering a business entity does not constitute a use in commerce, which is a fundamental element of trademark law. They express interest in discussing this case further in a future podcast episode with an attorney handling it. Overall, the podcast provides insights into the complexities and challenges inherent in trademark law through the examination of these diverse cases."May It Please The Internet" is brought by Revision Legal.

Amazon Aggregator Troubles Continue

This episode discusses the troubles faced by Amazon aggregators, which are companies that buy and manage multiple Amazon businesses. These aggregators experienced a boom in 2020, with high multiples and easy access to funding. However, various factors, such as supply chain issues, rising shipping costs, and operational challenges, have led to their difficulties. Many aggregators used deferred payment structures in their deals, making it hard for sellers to get paid when issues arose. Private equity firms provided financing to these aggregators, but as the market changed and interest rates increased, the money dried up, leading to defaults and restructuring. Some aggregators still operate, but they are more focused and cautious in their approach. The podcast advises sellers to seek legal counsel and maintain communication with aggregators if they face payment issues.May It Please The Internet is a podcast brought by Revision Legal.

Legal Considerations For Video Game Development

John Di Giacomo and Eric Misterovich of Revision Legal discuss the legal considerations that game developers should keep in mind. They start by emphasizing the importance of entity formation and corporate governance, highlighting the need to formalize ownership and establish a proper operating agreement to avoid future complications. They share a cautionary tale of an indie developer who faced issues with copyright rights due to the absence of clear ownership documentation.Moving on, they delve into the significance of publishing, licensing, and distribution deals for game developers. They stress the need for developers to understand the extent of control they may be giving up and thoroughly review contracts to ensure their rights are protected. They emphasize the value of involving an attorney in negotiations to avoid unfavorable terms or misunderstandings, recounting instances where developers suffered financially due to inadequate legal representation.Legal compliance and regulation also come into play as the hosts discuss the evolving landscape of regulations surrounding the games industry. They mention the potential for lawsuits and class action suits if developers fail to comply with relevant laws and regulations, urging developers to proactively ensure compliance to avoid legal challenges.The podcast concludes with a discussion on the importance of employment practices and policies within game development studios. They emphasize the need for proper agreements, clear rights assignments, and comprehensive employment policies to prevent controversies such as harassment allegations, overwork, or disrespectful management. They stress the legal consequences of such issues and advocate for seeking legal advice to mitigate risks.Overall, this podcast episode provides valuable insights into the legal considerations that game developers should address, highlighting the potential pitfalls and the importance of legal support throughout the development process.May It Please The Internet is a podcast brought by RevisionLegal.com

The Federal Trade Commission Comes Calling

John Di Giacomo and Eric Misterovich discuss the Federal Trade Commission (FTC) and recent enforcement actions taken by the FTC. They explain that the FTC is a government watchdog that protects consumers from unfair and deceptive acts in business. The FTC has broad regulatory and enforcement authority under Section 5 of the FTC Act, which prohibits unfair methods of competition and unfair and deceptive acts or practices that affect commerce.They highlight that businesses need to be cautious about how they portray their goods or services online and avoid crossing the line into unfair or deceptive practices. The FTC can enforce its rules through strong monetary fines and other measures to shut down businesses engaging in wrongful activities.They discuss examples of recent enforcement actions, including cases related to lead generation services provided by Angie's List and Home Advisor, deceptive claims by TurboTax regarding free tax filing, and review manipulation by Fashion Nova. These cases demonstrate the FTC's efforts to hold businesses accountable for misleading practices.John and Eric emphasize that businesses of all sizes can be targeted by the FTC, and even if a business falls outside the FTC's scope, state-level regulations may still apply. They highlight the importance of compliance and the potential consequences businesses may face if they engage in deceptive acts or false advertising.They also mention that the FTC's enforcement actions can benefit consumers and level the playing field in the marketplace. Despite the perception of toxicity surrounding government actions, they appreciate the role of regulatory bodies in policing deceptive practices and protecting everyone equally.

Liability and Accountability in AI

This podcast episode discusses the law applicable to artificial intelligence (AI), which is increasingly being used in various industries and applications. ChatGPT, a large language model, is introduced as an example of a neural network that can generate text, but sometimes produces false information. Other examples of AI discussed are Dall-E 2, Stable Diffusion, and Midjourney, which can create images from textual descriptions. The podcast also covers the legal frameworks that apply to AI, including intellectual property law, contract law, tort law, and criminal law. The issues surrounding intellectual property protection for AI, liability of AI systems for harm caused, and the current state of regulation of AI in different jurisdictions are also discussed. The importance of understanding the legal landscape surrounding AI is emphasized given its increasing use and potential impact on various aspects of society. May It Please The Internet is a podcast by RevisionLegal.com

Five Ways To Protect Your Content Site

In this episode of May It Please The Internet, John Di Giacomo and Eric Misterovich talk about content sites, and five particular ways that you can protect them. Content sites are websites with very niche topics, which produce rich and expert content in a specific area. Listen in as John and Eric discuss DMCA compliance, independent contractors, and trademarks & photographs as well as many other crucial factors involved in protecting your content site.•••May It Please The Internet is a podcast brought to you by RevisionLegal.com

Open Game License 1.1 D&D Clashes with Creators Over IP

This week on May It Please the Internet, John is joined by Chris Carroll to discuss the Open Gaming License, D&D, Wizards of the Coast, and what you can & can’t do with IP Properties. Listen in as they talk about the history of D&D, first publishing, and the Satanic Panic, as well as the prior license, Copyright Law and how it covers content. May It Please The Internet is a podcast brought to you by Revision Legal

7 Figure Store Legal Checklist

Intro Lots of questions about start ups, to us, these are not all that interesting. Reality is a true start up is going to do the bare minimum to get going. Ownership agreements between the founders are probably the most important, after that, it is completely dependent on what the business can afford. More interesting is to open the hood on businesses that have been around. What should you have in place if you have been around for 3, 5, 10 years. What could be considered a luxury for a start up can become an absolute need for a more mature business No business is perfect, you won’t have all of these But end of the year is approaching, it is time to pull out that dusty list of legal needs and start making plans to get things done Organizational Structure a. Internal corporate documents (bylaws/shareholder agreement/operating agreement) i. Clear outline on ownership/managers ii. Buy/sell agreements b. Relations with investors You should be able to clearly, and without question, answer: all questions about your cap table, capital accounts, rights of first refusals, and your complete org structure know your (and other owners) rights about selling what happens if people die, divorce key man insurance (and how to distribute the money) If you exit, this must be 100% clear or it will cause problems. 2. Contracts a. Employment agreement i. Non-compete ii. Confidentiality iii. Work for hire b. Independent contractor agreements i. Work for hire c. Phantom stock / incentive agreements d. Employee handbooks i. Workplace policies (time off, sick leave, benefits, etc) e. Service agreements (how you get paid) f. Real terms of use g. Real privacy policy h. Real copyright policy (copyright registered agent) i. Manufacturing agreements j. Insurance ii. Property/personal property iii. Key man iv. health You should have organized documents that all have signatures. You will need to produce all of these documents in an exit. 3. IP a. Trademark i. Federal/state registrations ii. Process to clear names before investment iii. Trusted counsel iv. Make sure registrations are owned by the correct entity v. International trademarks 1.US only good for US 2.Take advantage of Madrid 3. File in “first to file” countries - china b. Copyright i. Understanding what can/should be registered Industry specific but advantages for all c. Patent i. Knowing basics of when/how to act if you want to seek patent protection (or at least who to ask) ii. Contracts with employees help to make sure you have all rights d. Trade secrets i. What they are ii. How you maintain trade secrets You should be able to: Explain and document all cases all alleged infringement on your IP and threats against you Know where the business could invest in more IP protections Have a domain portfolio of domains registered for your brand, including defensive registrations to cover typos or even gripe site type domains Taxes a. Understand tax structure, tax planning i. What states for sales tax – nexus b. Trusted CPA c. Paying quarterly d. Taking advantage of tax laws i. Cars ii. Spouses / kids e. Not trying to nickel and dime, just do it right Accounting a. Clean books

ADA Website Lawsuits - Whats the Deal?

In this episode, John Di Giacomo and Eric Misterovich dive into the issues surrounding lawsuits over the Americans with Disabilities Act (ADA) and ecommerce websites. Intro World of scammy lawsuits is nothing new, but there is a popular trend impacting ecomm store owners: lawsuits claiming websites are not ADA compliant for the visually impaired Before we dive into this topic, let’s visit the history of shitty lawsuits attorneys/companies file in the online space copyright trolls stock photo companies looking for unauthorized uses Freeplay music Confusing on what license you actually have / synch license bit torrent lawsuits on porn Prenda Law the CD CA called it a :porno-trolling collective” whose business model relied “on deception” and resembled a racketeering enterprise they basically uploaded porn to bit torrent networks then threatened to sue anyone that downloaded it, or that had their IP address implicated there was no real plaintiff threatened public exposure of the Ds downloading porn and would settle for $4,000, or a bit less than the price of defense always one named defendant that was basically in on it Steele got 5 years Hansmeier got 14 years Always looking for a quick settlement ADA Lawsuits ADA/state law, in general, says that all persons are entitled to full and equal accommodations in all business establishments” These all follow a relatively similar pattern A plaintiff files suit on behalf of a class arguing that the defendants website cannot be operated by the plaintiff, who is visually impaired They ask for an extreme amount of money, $30-50,000 But they are willing to settle for far less, often times under 10,000 What do these plaintiff have to prove? These plaintiffs must have “bona fide intent” to use the D’s services This leads to some ridiculous examples of blind people wanting to buy guns, cars, etc There was also a defense as to whether the ADA applied to online businesses, or whether a “brick and mortar” store only fell within the ADA’s “public accommodation” language This used to be somewhat up in the air But in August 2022, a CA COA ruled that the CA ADA law, the Unruh Civil Rights Act, did not apply to websites. This practically killed ADA cases in CA, but not in other states (NY, PA, etc). What should store owners do WCAG 2.1 standards People can use screen readers and obtain a phone number to call Contrast in text Not ignore lawsuits

Work For Hire Agreements and Assignment Clauses

In this episode of May It Please The Internet, John Di Giacomo and Eric Misterovich talk about work for higher agreements and assignment clauses and how you get stuff from one place to another when you're working with contractors and employees in the context of intellectual property law. It can be a problem in a business sale. It has killed deals and cannot be stressed enough how important this type of stuff is. There are very few things that will kill an M&A deal in the e-commerce space and not having the IP rights is like point number one. • • • May It Please The Internet is a podcast brought to you by Revision Legal.

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