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‘Battle of the Forms': Can it be won? 09/18/2014

Posted by Morse, Barnes-Brown Pendleton in Licensing & Strategic Alliances, New Resources.
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By: Michael J. Cavaretta

cavaretta2Often, in transactions between customers and vendors, each party has its own “boilerplate” terms and conditions that it wants to use, which of course are often quite different than the other party’s terms – a scenario referred to as “the battle of the forms”. So how does one know which terms govern the transaction? This presentation helps to sort it out.

Originally presented on 9/17/14, MBBP IP & Licensing attorney Mike Cavaretta touches upon the following:

  • Sale of services vs. sale of goods
  • Is software a service or good?
  • Is a software license a sale of software?
  • Electronic agreements
  • Strategies

View the slides here. Questions? Contact Mike.

MBBP Attorney Stanley Chalvire to Speak at MDG Boston Forum 09/05/2014

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Events, Intellectual Property, Internet and E-Commerce, Licensing & Strategic Alliances, MBBP news, Medical Devices.
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chalvireMedical Development Group (MDG), an organization for professionals in the medical device industry, is hosting an upcoming forum event entitled “Intellectual Property Approaches to Safeguard Value”. MBBP IP and Licensing Attorney Stanley F. Chalvire will serve as one of the speakers of this forum event, which will generally be directed to intellectual property strategies for creating and preserving value of medical devices.

 During the forum, some topics that Stan will address include:

  • Trade Secrets and the protections they can provide
  • Distinguish Trade Secrets and Patents
  • Discuss Strategic Considerations to Maintain Trade Secrets

The event takes place at Constant Contact headquarters in Waltham, MA on Wednesday October 1st.

 To register, please visit MDG Boston 

 

OYO Sportstoys Featured on WBZ-TV 08/04/2014

Posted by Morse, Barnes-Brown Pendleton in Client News, Licensing & Strategic Alliances.
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OYO Sportstoys, Inc.MBBP client OYO Sportstoys, Inc. was recently featured on a segment of WBZ-TV discussing its factory in Acton, Massachusetts that is creating mini sports figures of famous athletes. OYO has licensing agreements with MLB, the NFL and the NHL which allows them to use the names of all players. They hope to get a deal with the NBA soon asPatrice Bergeron OYO Figure well. OYO figures are compatible with other notable building block toys like Lego, Kinex, Mega Blocks and more. Each little OYO mini-figure is customized to look like the real player and gets a little water bottle and a football, baseball or hockey stick.

Congratulations OYO!

Check out the full video here: Acton Company Doing Big Business Making Little Plastic People

COPPA Rule Amendments are in Effect as of July 1, 2013 07/11/2013

Posted by Morse, Barnes-Brown Pendleton in Intellectual Property, Legal Developments, Licensing & Strategic Alliances.
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IP Licensing and Trademark Attorney Faith KasparianBy: Faith Kasparian

On July 1, 2013, the amendments to the regulations that implement the Children’s Online Privacy Protection Act (COPPA) went into effect.

The COPPA Rule imposes requirements on operators of websites or online services (including apps) that are directed to children under the age of 13 or that have actual knowledge that they are collecting personal information online from a child under the age of 13. Among other COPPA Rule requirements, operators must provide notice to parents and obtain verifiable parental consent before collecting, using, or disclosing personal information from children under the age of 13. The amendments constitute the first major changes to the COPPA Rule since the Rule went into effect in 2000.

There are five important changes reflected in the COPPA amendments:

  1. Expanded Definitions
  2. Modification to Notice to Parents and COPPA Privacy Policy
  3. Additional Methods for Obtaining Parental Consent
  4. Heightened Responsibilities on Operators
  5. Increased Oversight of Safe Harbor Programs

To learn more about these changes, please see the full article here.

For further information on the COPPA Rule Amendments, please contact Faith Kasparian or Mike Cavaretta.

Developing an app? Make sure you own it! 02/20/2013

Posted by Morse, Barnes-Brown Pendleton in Games & Interactive Entertainment, Intellectual Property, Licensing & Strategic Alliances.
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MBBP Attorney Mike CavarettaOn February 11th, Adobe published an article “Developing an app? Make sure you own it!” written by MBBP Licensing, Technology and IP Attorney Michael Cavaretta. Mike advises readers on precautions app developers should take in order to ensure their ownership rights are protected.

To read the full article, please visit the Adobe Developer Connection.

For more information on developing an app, feel free to contact Mike.

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