Intellectual Property

Trade Secrets And Proprietary Information – Recent Changes To Virginia Law

06/24/2018Sterling, Michael L.

The Virginia Freedom of Information Act (FOIA) provides access to various public records, subject to certain exemptions included directly in FOIA or in other statutes, such as the Virginia Public Procurement Act (VPPA). A recent bill amended VPPA §2.2-4342, to prohibit bidders, offerors, or contractors from designating as trade secrets or proprietary information: (1) entire… Read more »

Department of Justice Releases Cyber Security Best Practices

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07/16/2015Vandeventer Black

Authored by summer associate Paul Hawkins Cyber security is a hot topic in today’s news cycle. Whether it was the much-publicized Sony hack, or the very recent compromise of enormous amounts of highly sensitive U.S. government information, these types of incidents have been shown to be extremely costly to organizations. Today, private companies, large and… Read more »

Protect Your Trademark from Cybersquatters

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04/30/2015Tucker, Jane D.

Authored by attorney Jane Tucker  What can you do if someone is using your trademark as a domain name without any legitimate rights to that name (i.e. a cybersquatter)? Filing suit for trademark infringement can be impractical (for example, registrant is in a foreign country) and/or cost-prohibitive (trademark infringement litigation, whether in U.S. or in… Read more »

Searching for Substantial Similarity Between Architectural Works in the Fourth Circuit

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12/17/2014Golden, Sean M.

Authored by attorneys Sean M. Golden & J. Brandon Sieg Introduction To succeed in a claim of copyright infringement, a plaintiff must prove that “the defendant copied the original elements” of the plaintiff’s copyrighted work.[i]  In most cases, a plaintiff who suspects his copyrighted work has been infringed does not have direct evidence of copying. … Read more »

You Can’t Copy What You Can’t See. Why “Access” is so Important in Copyright Infringement Cases

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10/28/2014Golden, Sean M.

Authored by attorney Sean Golden The U.S. Copyright Act gives the creator of an architectural work (i.e., the copyrighted design of a building) the exclusive right to make copies or reproductions of that design.  Anyone who makes unauthorized copies can be sued for copyright infringement. As a practical matter, direct evidence of copyright infringement can… Read more »

An Introduction to Copyright Law for Architects

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09/19/2014Sieg, J. Brandon

Authored by attorney J. Brandon Sieg Architects are afforded copyright protection for their work, but what is the scope of your protection?  Courts are still wrestling with this question, and the answer will vary depending on the nature of your project. Historically there was little protection beyond physical copying of an architect’s drawings.  In 1990,… Read more »

Protect Your Brand Name from Infringing Domain Names by Registering With the New Trademark Clearing House

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05/18/2013Tucker, Jane D.

Authored by attorney Jane D. Tucker On March 26, 2013 the Trademark Clearinghouse (“TMCH”) was launched by the Internet Corporation for Assigned Names and Numbers (“ICANN”).  Owners of registered trademarks can register those trademarks with TMCH.  The TMCH trademark registration system is designed to prevent the unauthorized use of registered trademarks in the new generic top-level… Read more »