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Guide

Social Media Collections for Legal Professionals: Best Practices

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Social Media as Evidence of Actual Confusion in Trademark Litigation: Powerful Evidence – If Properly Authenticated

Last Updated June 2024

While trademark infringement claims and litigation involve myriad issues and considerations, one question is truly first among equals: is the allegedly infringing mark "likely to cause confusion" with the plaintiff's mark? Put another way, will the relevant average consumers for a product or service likely be confused about the source of a product or service or an affiliation between sources based on a defendant's use?

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TikTok, Copyright Challenges, and New AI-Labeling

Last Updated May 2024

TikTok has emerged as a powerhouse for content creation and distribution, offering a platform where videos go viral overnight. However, the rapid dissemination of multimedia content on TikTok presents significant challenges for intellectual property (IP) rights holders. Additionally, the rise of AI-generated content online has created significant legal challenges.

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What is chain of custody and how is handling digital evidence any different?

Last Updated May 2024

The chain of custody is a fundamental concept that ensures the integrity and reliability of evidence or data across various fields. By meticulously documenting every step from collection to presentation, organizations and legal entities protect themselves against errors and malpractices, thus safeguarding the interests of the parties involved. This article explores the chain of custody of digital evidence and its unique challenges in comparison to physical evidence.

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Guide,

Social Media Collections Guide: Facebook

Last Updated May 2024

When faced with the task of "getting everything" from a party's Facebook profile, where do you even start?

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Establishing the Date of Public Accessibility of Online Prior Art in Patent Validity Challenges

Last Updated April 2024

Since it was established under the America Invents Act in 2012, the inter partes review (IPR) process has become a commonly used and effective avenue for challenging the validity of and invalidating an existing patent. Any third party can initiate an IPR and ask the Patent Trial and Appeal Board (PTAB) to review the patentability of one or more claims in a patent on the basis that the claims were obvious or not new because the "claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before" the claimed invention's effective filing date. (35 U.S.C § 102)

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Why you need hash values and metadata for online evidence

Last Updated April 2024

One of the major challenges in handling digital evidence is the ease in which it can be altered, either intentionally or accidentally. Even simple actions like opening a file or copying a document can change its properties. Hash values mitigate this risk by providing a method to detect any changes. Similarly, metadata must be carefully preserved from the moment of capture to prevent any actions that could compromise the evidence’s reliability.

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