SAP Indirect Access: Issues and Concerns

Earlier this year a U.K. court ruled in favor of SAP in the case against Diageo, a British alcohol beverage company, resulting in a US$70 million payout. A week after the ruling, SAP started another dispute, this time against Anheuser-Busch InBev, one of the biggest brewing companies in the world. SAP is claiming use of…

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Mastering your ERP Software Demonstrations

Mastering your ERP Software Demonstrations We can’t stress enough how crucial it is to get the most out of the demos of your shortlisted ERP systems. But how do you navigate vendors who are trying to showcase the best sides of their product, while minimizing product shortcomings? Here is a quick guide to taking control…

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5 Questions To Ask Your ERP Vendor Before Going-Live

5 Questions To Ask Your ERP Vendor Before Going-Live We’ve talked a lot about the stages before an ERP implementation project begins, such as how to plan, assemble the right team, and gather support for the project. Those stages are the groundwork of a successful ERP implementation, but the time before and after the go-live…

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5 Steps to Successful ERP Project Management

ERP implementation projects are big and complex, and therefore require diligent project management. A good project manager has to have good leadership and analytical skills, be able to set clear milestones and financial goals for the rest of the team, and be a great communicator. ERP implementation projects are big and complex, and therefore require diligent…

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Three Mistakes Enterprise Software Companies Make

#1: Promising unfinished features Software companies are in constant development. Their existing products get upgraded and new ones are added to the mix. Many are therefore tempted to sell features that are not fully developed yet. This can happen during the sales process or early in the implementation process, and it introduces several issues. First…

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How to Know When to Abandon Your ERP Project

ERP system implementation are costly and time consuming projects, and therefore should not be taken upon without planning and diligence. Unfortunately, many companies approach ERP implementations with a “shoot first, ask later” attitude, which results in failed projects that cost millions of dollars or, in worse case, bankruptcy. An ERP implementation seldom fails due to…

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Four Cardinal Sins Committed During ERP Software Contract Negotiations

Many companies today employ contract specialists whose core job responsibility is to negotiate and maintain vendor and/or commercial contracts. Often, when an ERP project arises, the company decides to have the contract specialist negotiate the ERP software license and implementation contract. This can be a huge mistake.  Having experience drafting and negotiating commercial contracts is…

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Asserting Fraud In A Failed Technology Project Lawsuit

After making the decision to file a lawsuit for a failed implementation or ERP project, one of the first things that should be analyzed is the contract executed with the ERP vendor. Having analyzed hundreds of these implementation contracts, one thing is abundantly clear: they all contain language that is strongly in favor of the…

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Four Initial Lessons From MillerCoors v. HCL For Avoiding An ERP Software Implementation Lawsuit

On March 13, 2017, Chicago-based MillerCoors filed a breach of contract lawsuit in the Northern District of Illinois against HCL Technologies (an Indian-based ERP implementer) and its American affiliate HCL America. The lawsuit is related to an SAP upgrade involving SAP’s Global Available to Promise and Extended Warehouse management software. The following details are taken…

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MillerCoors Sues India’s HCL Technologies For Failed SAP Implementation Seeking $100 Million In Damages

Earlier this month Chicago-based MillerCoors LLC filed a lawsuit in the Northern District of Illinois against India’s HCL Technologies and its US affiliate HCL America over a recent SAP ERP implementation. MillerCoors is claiming breach of contract and seeking in excess $100 million in damages. HCL is India’s fourth-largest software services provider.   The complaint…

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Four Mistakes That Will Destroy Your Cloud Computing Start-Up

Starting any new business is difficult. Starting a new cloud computing business in a space already saturated by both entrepreneurs and established corporations is ruthless. Every dollar and every minute is precious to make your business succeed, and any misstep while growing your business may have disastrous results that, at minimum, will cost you more…

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ERP Software Litigation: Suing Your ERP Vendor For Breach Of Warranty

Most failed ERP lawsuits brought against a software vendor include a claim for breach of warranty. Prior to the start of any Enterprise Software project, the warranty provisions within all contracts and agreements should have been reviewed and negotiated by the parties. These warranty provisions are often accompanied by disclaimers of warranties and a limitation…

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Understanding ERP Software Licensing And Pricing Models

When selecting an ERP vendor and then negotiating contracts with that ERP vendor, clients are rightfully concerned about the cost of the software. From a legal perspective, our goal as ERP licensing and litigation attorneys is to draft contracts that: (i) protect your legal rights in the event of litigation; (ii) allow you to manage…

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Three Lessons From ERP Implementation Failures

ERP failures and ERP lawsuits are becoming increasingly common. ERP implementation failures almost always follow predictable patterns. In the cases we litigate we often see divergent expectations and inaccurate estimates of both the time and effort to make the ERP implementation successful – let alone on time and on budget. Below are three lessons from…

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Three Ways To Avoid An ERP Lawsuit

You never want to be forced into a position where are you are contemplating suing your ERP vendor.  However, despite how many ERP vendors and ERP integrators provide implementation services, a surprising number of implementations are ultimately classified as failures. In extreme cases, these ERP implementation failures turn into ERP implementation lawsuits. The anatomy of…

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Options When Your ERP Vendor Has Misrepresented The ERP Software Product’s Functionality Or The ERP Software’s Fit To Your Industry

When choosing an ERP vendor and entering into an ERP contract, customers expect that representations made by an ERP vendor about the features, capabilities and functionality of the enterprise resource software product are accurate.   This is not always the case. To meet sales quotas, ERP vendors sometimes overpromise and under deliver the ERP software’s functionality…

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ChiTech Academy Showcase: a motivated CPS tech-based high school

Earlier this month the Chicago Technology Academy held their first annual ChiTech Showcase for students, parents and supporters of Chicago’s tech-forward high school. Marcus Harris supported the event by moderating student panel discussions on current and future technology issues After the student workshops and panels concluded, students formally presented the ChiTech Showcase to the school…

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Open Source “Piggybacking”

In a previous post, we described a lawsuit filed by Rosetta Stone against competitors for “piggybacking” Rosetta Stone’s trademarks in an attempt to divert website traffic.  CNet columnist Matt Asay analogizes this situation to an open source problem here. The open source software development culture thrives on access and sharing of oftentimes copyrightable source code. …

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Dr. Dre Does It And So Should You: Fighting Counterfeiting

Earlier this week, CNN.com published a story detailing how Chinese fakes were cashing in on what CNN termed “Dr. Dre’s Beats headphones bonanza.”  Link here. According to a World Customs Organization report cited by CNN nearly 70% of all fake goods – including clothing, DVDs, and electronic goods – seized worldwide from 2008 – 2010 came…

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ChiTech Academy Showcase: a motivated CPS tech-based high school

Earlier this month the Chicago Tech Academy held their first annual ChiTech Showcase for students, parents and supporters of Chicago’s tech-forward high school. Marcus Harris supported the event by moderating student panel discussions on current and future technology issues. Marcus commented on the event, “The Chi-Tech event was a tremendously rewarding experience. These young people…

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Nice shoes, are they Christian Louboutins or YSL knockoffs?

http://www.mshtechlaw.com/blog/wp-admin/edit.php?post_type=page The red bottoms of Christian Louboutin shoes make each pair instantly recognizable; Christian Louboutin filed a lawsuit against Yves Saint Laurent for trademark infringement when the brand’s 2011 shoe collection featured shoes with red bottoms. Louboutin claims that the shoes are virtually identical and are likely to confuse consumers.  Despite the fact that the…

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Apple sues Amazon over the use of “Appstore”

Apple recently filed a lawsuit against Amazon claiming that Amazon is infringing on Apple’s trademark by using the term “Appstore” and that such use is likely to confuse consumers.   Apple claims that is has exclusive rights to the phrase because of its iTunes App Store and that Amazon’s use of the phrase will cause irreparable…

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Illinois Governor Quinn signs tech bills during Chicago’s TechWeek

Chicago’s first ever TechWeek gains momentum as Governor Quinn signs two pieces of legislation into law. The first bill establishes technology centers at each campus of Illinois public universities.  These technology centers are designed to help students who are interested in forming their own technology startup company. The second bill benefits early-stage venture capital sources…

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TechWeek Chicago is this week at the Merchandise Mart

This year’s TechWeek Chicago will be July 22-29 at the Merchandise Mart in downtown Chicago. TechWeek celebrates those who are impacting the technological landscape of business on a large scale.  TechWeek is a place to gain first hand knowledge about the newest technology that is shaping the business world today. Over 300 companies are participating…

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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…

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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…

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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…

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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…

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Ford Sues Ferrari for F-150 Trademark Infringement

Ford Motor Co. has filed a lawsuit against Ferrari for trademark infringement stemming from Ferrari’s decision to use the term F150 in connection with the upcoming Formula 1 season.  Ferrari’s new race car is called the F150 in celebration of the 150th year of Italian unification.  Ford claims that Ferrari is intentionally capitalizing on the…

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Marcus Harris’ comments on Midventures Design + Develop Series on iPhone and Android App development

On January 20th, the attorneys of Marcus Stephen Harris attended the midVentures Design+Develop Series intro to iPhone and Android App development.  The discussion was geared to designers, developers and product managers.  Uki D. Lucas of ChicagoAndroid and Chris Grove, CTO of KeyLimeTie talked about the differences in developing apps for each platform. The comments were…

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Microsoft Takes Issue With Apple’s App Store

On January 10th, 2011, Microsoft filed a Motion for Summary Judgment at the USPTO’s Trademark Trial and Appeal Board challenging Apple’s attempts to own exclusive rights to the term App Store.  Microsoft argues that App Store is a generic term incapable of functioning as a trademark and therefore should not be taken out of the…

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Attorney Marcus Harris’ Comments on SocialDevCamp 2010

On August 13-15, the attorneys of Marcus Stephen Harris LLC attended SocialDevCamp 2010, exchanging ideas and providing insights on the law’s impact on app development and the inclusion of social media. For those unfamiliar with SocialDevCamp it is billed as an “un conference” and “summer camp for the social web.” While the mood of the…

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Facebook Sues TeachBook for Trademark Infringement

While its been said that imitation is the sincerest form of flattery, this is seldom the way its taken when it comes to trademarks.  Facebook, a popular provider of online networking services, filed a federal lawsuit against Teachbook, an online community for teachers based in Northbrook, Illinois. Facebook claims that the use of the Teachbook mark for an…

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10 Solid Tips For Naming Your Company

Earlier this month CrowdSPRING, an online market place for creative services, identified 10 tips for startups on naming your company. Briefly, the 10 tips are: 1. Think about what you want your company name to convey. 2. Brainstorm to identify name possibilities. 3. Keep the name short, simple, and easy to write and remember. Also consider…

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Oracle vs. Google: Allegations of Patent and Copyright Infringement in Development and Sale of Android Operating System

Database management systems giant, Oracle filed its COMPLAINT FOR PATENT AND COPYRIGHT INFRINGEMENT against Google alleging that Google’s development of the Android operating system infringed upon Oracle’s Java-related intellectual property.  The Complaint filed August 12, 2010 in the U.S. District Court for the Northern District of California includes a Jury Demand and seeks a judgment…

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SaaS Strategies for Transcending The Burden of Legacy Apps

R. Ray Wang, on his Software Insider’s Point of View blog, discusses the challenges organizations face in gaining buy-in and realizing the benefits of SaaS/Cloud application.  Ray details the top ten most common strategies for transcending the burden of legacy apps. Briefly, they are:  1. Point Solutions; 2. SaaS Best of Breed Suites; 3. Two-Tier…

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Limited Seating Available: Marcus Stephen Harris LLC Software Licensing Seminar Series – Revenue Recognition

If you are involved in the acquisition or contracting of computer software, you need to attend: CIOs • CTOs • CFOs • Contract negotiators • In house counsel • Attorneys • IT managers and directors • Contract managers • Contract administrators • Purchasing agents • Consultants  YOU WILL LEARN HOW TO: • Analyze revenue recognition issues • Learn to negotiate agreements that…

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Burlington Coat Factory Pays Treble Damages to Fendi

Burlington Coat Factory was ordered Monday to pay triple damages to Fendi for knowingly infringing Italian fashion company Fendi’s trademarks. The discount retailer was found to have been selling counterfeit Fendi goods from unauthorized retailers for decades. Fendi sued Burlington back in 1986 for purchasing counterfeit products and in 1987 Burlington agreed to an injunction…

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Register Now for Marcus Stephen Harris LLC Software Licensing Seminar Series – Revenue Recognition

Negotiating software licenses is a complicated process that takes knowledge and skill. Revenue-recognition problems are arguably the leading cause of restatements among software companies. The consequences of getting it wrong can be severe. Some of the basic criteria for recognizing revenue are dependent on the structure and terms of a software agreement. This seminar will…

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Oracle Sues Support Firm Over “Massive Theft.” Sound Familiar?

On Monday January 25, Oracle filed a lawsuit in US District Court for the District of Nevada, where it claims that third party support provider Rimini Street’s business model revolves around illegally helping itself to Oracle’s support offerings. Oracle is alleging “massive theft” of its software and support materials via illegal access to its technical…

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6 Tips for Independent Video Game Developers

1. Development: NDAs and Employment Agreements; 2. Pre-release: Identify Your Intellectual Property; 3. Pre-Release: Register Your Intellectual Property; 4. Release – Define The Permissible Use(s) Of Your Game; 5. Release – Define What People Can’t Do With Your Game; 6. Post Release – Enforce Your Intellectual Property Rights.

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No Doubt Sues Activision

The LA Times is reporting that on November 5th NoDoubt filed suit in LA Superior Court against Activision alleging thatActivision has exceeded its contractual rights by depicting the band inActivision’s Band Hero video game singing other artist’s songs.   No Doubt is seeking unspecified damages as wellas a preliminary and permanent injunction.  LATimes story here.

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The Importance of Trademark Searching

We had a brief conversation with a prospective trademark client recently. This client failed to fully comprehend the importance of trademarking.  This is relatively common in our practice, but this client’s take was a bit different. His rationale for not needing to secure a trademark registration for his product name was that the product at…

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Free Software is Copyrightable; Open Source Train Rolls On

A recent decision by the Court of Appeals for the Federal Circuit has reassured members of the open source software movement by declaring that software distributed for free is still protectable by copyright. Open source software development thrives on continuous additions and improvements made by many different people, but attribution of preexisting code to the previous…

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Dell’s Attempt to Trademark “Cloud Computing” Hits a Wall

The software giant’s attempt to trademark the term “cloud computing” has been the topic of lots of recent tech buzz.  Cloud computing refers to a type of technology whereby software is accessed remotely by users who have no control over the infrastructure which supports the software.  Both this infrastructure and the software itself can be…

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Sony BMG Settles with Louis Vuitton

The French fashion house filed suit last year against the recording company for allowing several of its artists to display unauthorized Louis Vuitton trademarks in their music videos and on CD literature.  The matter has reportedly been settled for about $156,000. Fashionphile has managed to capture stills from the infringing videos. In Britney Spears’ music…

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Gucci and the Godfather: Counterfeit Purses May Fund Organized Crime

Federal agents are stepping up efforts to curb the proliferation of counterfeit purses.  Designer knock-offs have become so ubiquitous that the Immigration and Customs Enforcement agency (“ICE”) is concerned that their sale is a key revenue source for organized crime syndicates. In a news story here, Nebraska TV station KETV7 says it snuck hidden cameras…

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Apple Seeks to Torpedo Attack of the Clones

Florida corporation Psystar Corp., owned by brothers Rudy and Robert Pedraza, has been sued by Apple Inc. for copyright infringement, trademark infringement, and breach of contract.  Psystar builds and sells so-called “cloned” computers which run on Apple’s most recent operation system, Mac OS X “Leopard.” In the complaint, filed last month in U.S. District Court…

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EBay wins Trademark Tangle with Tiffany & Co.

A federal court ruling last week absolved EBay, Inc. of any liability for contributory infringement of Tiffany & Co.’s registered trademarks. The lawsuit, in which Tiffany alleged that most of the supposedly genuine Tiffany jewelry appearing for sale on eBay were in fact fakes, was initiated in 2004. Judge Richard Sullivan, a U.S. District Judge…

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Former IBM Exec. Pleads Guilty to Trade Secret Theft

Atul Malhotra, 42, faces up to 10 years in prison and a $250,000 fine after pleading guilty to one count of theft of trade secrets. Malhotra was a director of sales and business development in IBM’s Global Services Division for nearly a decade, from 1997-2006.  He obtained confidential pricing info regarding IBM’s products and materials,…

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Crocs Copycats? Skechers Sued.

An earlier post detailed foam footwear manufacturer Crocs Inc.’s subsidiary’s legal defense of its intellectual property.  This time, the parent company is alleging illicit mimicry of its designs and logo by Skechers USA, Inc.  in its new Nano Lite foam shoes. In a complaint filed July 10 in U.S. District Court in Denver, Crocs alleges…

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War of Words: Rosetta Stone Sues Competitor

Rosetta Stone Ltd provides software programs which help people learn new languages.  Courses of varying difficulty are available, in numerous languages, and are marketed to consumers in bright yellow boxes via print ads (who could forget the plight of the hardworking farm boy, who must quickly learn Italian to impress a supermodel?), and of course…

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Ernst & Young Sued for $10M+ for Incorrect Software Valuation

On Thursday, June 27, Canadian software-holding company Pan-Afric Holdings Ltd. sued Ernst & Young LLP in U.S. District Court in Maryland for over $10 million in damages, claiming the accounting giant made mathematical errors in preparing a software valuation report on which Pan-Afric detrimentally relied. In 1993, for $5 million, Pan-Afric purchased an interest (including…

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Tips For Negotiating With SAP

One of the biggest mistakes we see clients make when they are negotiating a software license agreement with SAP is that they focus solely on pricing and discounts to the exclusion of other important issues contained in the SAP software license agreement. Focusing solely on pricing while ignoring the other terms and conditions contained in…

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ERP Implementation Analogies

From the ERP and More! Blog – the top 7 ERP Implementation Analogies: 1. The implementation will be like open heart surgery while the patient is still alive and working. 2. An ERP implementation is like the corporate equivalent of a brain transplant. 3. I think of ERP implementations like mountain climbing: No two are the…

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LimitNone LLC sues Google for Trade Secret Misappropriation

A tiny Palatine, IL-based software company has sued giant Google Inc., alleging that Google misappropriated the company’s trade secrets.  LimitNone LLC, a software startup with fewer than five employees, developed a software tool to help users of Microsoft’s ubiquitous Outlook email client move their data to Google’s online programs. The complaint alleges that copies of…

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Tips For Negotiating With SAP

This is the first in a series of posts dealing with the SAP contract negotiation process. SAP’s  market dominance often leaves customers with little negotiating leverage.  Companies that have a well developed negotiation strategy, an understanding of SAP’s typical concessions, pricing structure and contractual “pain points,” greatly increase their chances of successfully negotiating with SAP. The…

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Trademark Applicants – Beware of Trademark Service Solicitations

An earlier post cautioned trademark owners about official-looking correspondence that appears to be from the USPTO.  These mailings are in fact solicitations for enrollment in optional trademark services, some of which may have some value to some owners, but most of which are purely superfluous. Recently, our clients have received a different species of these…

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SAP To Buy Visiprise

SearchSAP.com is reporting that SAP has announced its intention to purchase Visiprise, a software company that specializes in manufacturing execution.  The acquisition is intended to bolster integration capabilities with respect to NetWeaver as well as bolster  SAP’s strength in the manufacturing sector. Companies using Visiprise that do not also use SAP should be concerned about being forced…

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Assignment of Rights Doesn’t Suit Joseph Abboud

On June 5, JA Apparel Corp. announced that it had secured a permanent injunction confirming its ownership of all the trademark rights associated with the brand name Joseph Abboud.  [Story here]  The injunction also confirmed JA Apparel’s position that Abboud had violated the noncompete agreement executed when he and the company parted ways in 2005.…

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Marcus Harris Speaks at Distribution Solutions Council

On June 12, Marcus Harris spoke to members of the Distribution Solutions Council (DSC) on software licensing and how to use the contract negotiation process as a competitive differentiator. The DSC is an industry round-table of software executives with an interest in serving the distribution marketplace, exploring new ideas beneficial to the industry and discussing best…

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CTA Sued For Pulling Grand Theft Auto Ads

Take Two Interactive Software, the publisher of Grand Theft Auto, has sued the Chicago Transit Authority in the Southern District of New York for pulling advertisements for the video game.  The suit alleges (among other things) that the CTA’s actions: are unlawful content based restrictions that violate Take Two’s rights under the First Amendment; violate…

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Nintendo Ordered To Pay $21 Million For Infringing Game Controller Patents

On May 14 Nintendo of America, Inc. was ordered to pay Anascape, Ltd. $21 million for infringement of Anascape’s patents in designing its Wii Classic, WaveBird and Gamecube controllers. Anascape also sued Microsoft for infringement.  Anascape and Microsoft, however, settled On May 1st just prior to the start of the trial against Nintendo. Anascape alleged that the console…

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Crocs Bites Back

In our November 2007 newsletter, located here, we discussed the protectability of fashion designs in light of the introduction of the Design Piracy Protection Act (the “DPPA”), Congress’s proposed legislation to give fashion designers a clearer path to securing protection for their designs and compensation for infringements of those designs. As readers of our newsletter…

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The Lawsuit of French Lick

The town of French Lick, Indiana has just one claim to fame.  But it’s a big one – about 6’9. ” French Lick is NBA Champion and Hall-of-Famer Larry Bird’s hometown. The Anchorage Daily News reports that a couple from Alaska had hoped to capitalize on Bird’s fame by purchasing his childhood home in French Lick…

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Nontraditional Trademarks

The Wall Street Journal in an article located here discusses Apple’s successful attempt to trademark the 3-dimensional design of its iPod media player.  While the concepts discussed are standard fare for our clients and readers of our blog and newsletter,  one particular passage stands out: “companies typically don’t give enough attention to the management and potential value of trademarks…

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SAP’s Profits Drop 22%

SAP recently reported a steeper than expected drop in Q1 profits. SAP was apparently impacted by acquisition related costs, the weaker dollar and delayed investments on new software. If you are currently involved in a software acquisition with SAP, now may be the time to aggressively seek concessions as SAP may be more willing to negotiate in…

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Gibson Guitar Takes Aim At Guitar Hero and Rock Band

 In March of this year, the Gibson Guitar Corporation, maker of the famed Les Paul Guitar, filed two patent infringement lawsuits. First, it filed suit against Wal-Mart, Target, K-Mart, Amazon.com, Game Stop, and Toys ‘R’ Us alleging that the popular Guitar Hero games infringe Gibson’s U.S. Patent No. 5,990,405 (the “’405 patent”) titled “System and…

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BusyBox and High-Gain Antennas Settle GPL Lawsuit

The Software Freedom Law Center announced on March 6 that BusyBox and High-Gain Antennas have agreed to dismiss the GPL enforcement lawsuit filed by the Software Freedom Law Center on behalf of the BusyBox developers late last year. Consistent with previously dismissed GPL lawsuit filed by the Software Freedom Law Center (blogged about here), High-Gain Antennas…

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Drafting The Software License Grant

Matt Karlyn, an associate at Foley & Lardner in an article on SearchCIO.com states that “it is critical to make sure that the license grant [in a software license agreement] aligns precisely with how your company intends to use the software being licensed.” The scope of the license grant, as Karlyn suggests, is easily one…

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BSA Forces Settlement For Alleged Illegal Software Use

Last month the BSA reached settlements with Ron Ayers Motorsports, Sentage Corporation and TruStile Doors, LLC. Under the terms of the settlement the companies agreed to pay the BSA $72,053, $80,000 and $92,500 respectively to settle claims that they were using unlicensed copies of software on their computers. Implementing a software license management program so that you…

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SAP Eliminates Low-cost Maintenance Option

SAP has eliminated its Basic Support maintenance option priced at 17% of license fees leaving new customers with only a maintenance offering priced at 22% of license fees. Original story located here. Given SAP’s new maintenance scheme, choosing a lawyer to negotiate your SAP software licensing agreement that knows what maintenance concessions SAP will agree to…

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Study Finds Software Licenses Unfairly Biased, Confusing

The National Consumer Council (the “NCC”) in a study reported here found that software licenses are confusing and have terms that protect the interests of the vendor over those of the end user. To anyone that has reviewed or negotiated a software license these findings are hardly surprising. Signing a license without first having the agreement reviewed…

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The Specter of Revenue Recognition

In a January 28th article, located here, CFO magazine quotes Huron Consulting Group’s Jeffrey Szafran, as saying “revenue-recognition problems . . .  are probably the leading cause of restatements among software companies.” The consequences of getting it wrong can be severe. NEC (as reported in that same article) faced with the prospect of restating earnings…

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