© 2004 
Bose McKinney & Evans LLP


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The CAN-SPAM Act – All Bark and No Bite?

The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”) became effective on January 1, 2004. The federal Act does not prohibit “spam.” Instead, it regulates the sending of a broad category of electronic mail defined as “commercial e-mail messages.” As a result, the Act applies to businesses that legitimately use e-mail for marketing or customer service, as well as professional spammers.

The CAN-SPAM Act does create a new burden for all businesses that use e-mail. However, several commentators predict that it will be ineffective in reducing the amount of spam.  LEARN MORE

Patent Due Diligence In Product Design Can Lower Odds Of Patent Infringement Litigation


Patent litigation is a costly, resource-draining exercise. Despite this, many companies named as defendants in patent infringement lawsuits are "forced" to proceed with litigation in view of the high cost of settlement and/or the potential damages and injunction on a product. The odds of being named as a patent infringement defendant can be dramatically lowered by conducting patent due diligence during product design. Just as the marketability, durability, manufacturability, profitability and other issues are considered during product design, the potential patent infringement exposure for a particular product also should be studied. This patent due diligence should not be limited to only mechanical and electrical products, but rather should be conducted on any patentable subject matter such as computer programs, business methods and chemical products.  LEARN MORE

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We are grateful to our clients and friends for referring Bose McKinney & Evans to co-workers, relatives and other acquaintances.  We are honored by your confidence, and we will actively guard your trust by striving to provide the highest level of responsiveness, communication and value that you have come to expect from the attorneys and staff of Bose McKinney & Evans.