Warner Bros. knocks out Mike Tyson’s tattooist in ‘Hangover Part II’ copyright suit

S. Victor Whitmill, the tattoo artist who created and tattooed Mike Tyson’s facial tribal tattoo, filed a lawsuit against Warner Bros. for copyright infringement on April 28, 2011.  Whitmill claims that the facial tattoo appearing on Ed Helms’s character Stu Price in The Hangover Part II infringes on Whitmill’s rights to the tattoo that he…

Dealing With A Software Vendor Audit Before It Happens

Software license agreements almost always include language that allows the vendor to audit a customer’s use of the software to determine compliance with the license grant.  Standard vendor language is usually broadly drafted in favor of the vendor.  Typical language allows the vendor to conduct audits at will and capture revenue for any inadvertent usage…

Webinar Summary and Link: “Negotiating Software Licenses with Marcus Stephen Harris”

Negotiating software licenses is a complicated process that takes knowledge and skill.  Changing technology and new methods of software development and delivery have changed the game.  The consequences of getting it wrong can be severe.  “Negotiating Software Licenses with Marcus Stephen Harris” was broadcast as a webinar focused on understanding software licenses, their legal background…

Top 15 Comical Trademark Applications

The Business Insider ran an article containing what it deemed to be some of the most ridiculous trademark attempts.  Some of the applications were approved and some were not so lucky.  A summary of the trademarks is below. 15. Jersey Shore Star, Nicole “Snooki” Polizzi trademark application for “Snooki” was denied by the United States Patent…

How Much Would You Pay For A Domain Name, $10,000?

A strong and recognizable domain name is critical for a successful business.  However, coming up with a good domain name that allows you to grow your business, avoids the inadvertent  infringement of the intellectual property rights of others, but still generates brand equity is incredibly difficult. Coming up with a domain name that is both…

Why Your Software License Limitation of Liability Clause May Not Limit Your Liability.

Software licenses contain standard provisions limiting the liability of the vendor. Typical provisions have a two-tiered structure that: (i) disclaims liability for lost profits, incidental, consequential and indirect damages, loss of good will, data loss, computer failure, or punitive damages; and (ii) places a limit on overall damages under the contract (usually limited to fees…

Marcus Stephen Harris, LLC attorneys anticipate challenges to the FCC’s regulations

Technology Attorney, Marcus Stephen Harris: I think that other telecom companies will certainly challenge the FCC’s authority to promulgate regulations concerning net neutrality.  They will most likely do it in venues other than the venue where Verizon and Metro PCS’ filed their challenges.  This will most likely result in certain cases being dropped in favor…