Kelly / Warner Law Blog

Welcome to the Kelly / Warner law blog. Each week, we post reviews and analysis of recent and significant lawsuits, in addition to opinions and general legal advice related to Internet, unfair competition, marketing, business / startup, intellectual property, eSports, and defamation law. If you have a topic you'd like us to cover, send in a suggestion!

Internet Law Blog: virus spoofing

Internet Law 101: Virus Spoofing Can Cost Millions

Is virus spoofing against Internet law regulations? You bet your spam it is. The consequences for getting caught? The FTC could force you to fork over millions, which has the power to extinguish an operation. What Is Virus Spoofing? It’s tricking someone into thinking that they’re computer is infected with a virus. Spoofers typically dispatch … Continue reading Internet Law 101: Virus Spoofing Can Cost Millions

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Internet law blog:esports skins trading

Valve Pulls Plug on Skins Trading, Leaving Industry Up In Air

What is the future of e-sports skin trading? We’ll discuss Valve’s recent decision to disassociate with certain sites and the legal ramifications after the jump.

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eSports lawyer blog post

ESports Lawyer Talks Contract Considerations & Protecting Players’ Rights

Lucky you! It’s 2016 and “professional gamer” is a legitimate profession. With high-dollar prizes, endorsement deals, sponsorship and streaming opportunities, pro-gaming is officially a booming industry where elite players make bank — just like non-digital professional athletes. However, getting to the top takes considerable work and business savvy. Skills are paramount, but you also have … Continue reading ESports Lawyer Talks Contract Considerations & Protecting Players’ Rights

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Internet Law Blog: Yelp Defamation Removal

Yelp Defamation: Is The Site Required To Remove Defamatory Reviews?

Yelp! (“Yelp”) isn’t happy. A California judge ordered the review site to remove a defamatory posting. Yelp, for its part, felt the decision defied Section 230 of the Communications Decency Act and appealed — but lost. Will the ruling affect future Yelp defamation claims? Will business owners be helped or hurt by this turn of … Continue reading Yelp Defamation: Is The Site Required To Remove Defamatory Reviews?

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Internet law blog: shopify and stripe

Shopify and Stripe: Account Troubleshooting and Legal Advice

Let’s take a few minutes to review the Shopify and Stripe alliance. We’ll: Go over some background info about both companies; Examine a few issues, like the prohibited businesses list; and End with some solutions for commonly reported merchant challenges. Shopify and Stripe At A Glance Shopify’s Origin Story Several years ago, some Canadian snowboarding … Continue reading Shopify and Stripe: Account Troubleshooting and Legal Advice

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Internet Law blog: esports contracts

eSports Law 101: Contract Advantages and Legal Agreements

State of the eSports Union: The Economic Forecast Is Exceptionally Favorable Interested in eSports? Well then check out these facts and figures: Last year, every month, more than 90 million gamers logged onto Twitch, a streaming arena where fans can live chat with other spectators while watching eSport matches. (It’s the 21st century equivalent of … Continue reading eSports Law 101: Contract Advantages and Legal Agreements

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Internet Law Blog: Supplement Marketing

A Crash Course In Dietary Supplement Law For Online Marketers

The dietary supplement business is booming. Thanks to plug-n-play e-commerce engines like Amazon, folks are flocking to establish foot holes in the niche. But the industry is not without its headaches. Let’s take three minutes to review some legal issues germane to the space. Dietary Supplement Law Tip #1: Mind The DSHEA In 1994, after … Continue reading A Crash Course In Dietary Supplement Law For Online Marketers

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Internet Law Blog: 5-hour Energy dietary supplement law case study

Dietary Supplement Law: Court Rules That Re-seller Is Counterfeiter

A recent ruling will likely impact future dietary supplement lawsuits involving counterfeit claims. A judge awarded the makers of 5-Hour Energy — an over-the-counter drink you’ve probably seen at Walgreens or CVS — over $20 million dollars after third-party distributors took liberties with the brand’s messaging and labeling. Anyone involved in the sale or marketing … Continue reading Dietary Supplement Law: Court Rules That Re-seller Is Counterfeiter

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Internet law blog

International Defamation: China’s Strict New Internet Publication Law

Chinese officials adopted a new online publication law. When asked about the statute, President Xi Jinping opined: “China must improve management of cyberspace and work to ensure high-quality content with positive voices creating a healthy, positive culture that is a force for good.” What You Need To Know About China’s New Internet Publication Law Called … Continue reading International Defamation: China’s Strict New Internet Publication Law

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Internet law blog: esports contracts

eSports Law: Rapid Growth Presents Unique Legal Challenges

eSports is expected to be a $2.9 billion industry by 2017. Not surprisingly, the niche is weathering growing pains — and players are bearing the brunt. With that in mind, let’s review some eSports law issues affecting players. eSports Law: Venue Control Unfortunately, a large chunk of eSport-related profits are derived from privately controlled event … Continue reading eSports Law: Rapid Growth Presents Unique Legal Challenges

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Internet law blog

Opinions From An Internet Lawyer: Gawker’s Conundrum

You’ve heard by now: Gawker is caught in a professional storm. Let’s take a moment to look at one aspect of the conundrum — a defamation lawsuit filed by the guy who claims to have invented e-mail. Will this recent Gawker defamation case add to the website’s woes? Or is it something else? Fran Drescher’s … Continue reading Opinions From An Internet Lawyer: Gawker’s Conundrum

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Internet business law blog: trade secret bill proposal

Time To Start Rethinking Your Trade Secret Strategy?

Are you trade secret reliant? If yes, take two minutes to read this post. Why? Well, federal Representatives OK’d a bill that, if fully passed, may impact your intellectual property protection strategy. Summary of Proposed Trade Secret Law: Addition Of Federal Jurisdiction Privileges Dubbed the Defend Trade Secrets Act (DTSA), it’s been described as the … Continue reading It May Be Time To Rethink Your Trade Secret Strategy. Legislation is Looming.

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