Molly focuses her practice in the areas of trademark and copyright law, intellectual property, and technology transactions including licensing, outsourcing, and software and technology development and distribution. Molly has legal and technical experience in web-related issues, such as software development, e-commerce, domain names, and CAN-SPAM.
Professional Associations & Memberships
Minnesota State Bar Association
American Bar Association, Business Law Section, Cyberspace Law
International Trademark Association
American Intellectual Property Law Association
William Mitchell College of Law, St. Paul, MN, 2008
J.D., magna cum laude
Long Island University, Brookville, NY, 1991
B.S., summa cum laude
Before attending law school, Molly worked in the IT field, managing complex implementations of enterprise-wide software applications and corporate infrastructure projects.
She has also clerked for the National Arbitration Forum providing support for Internet domain name dispute resolution proceedings and for the Honorable Judge David Minge in the Minnesota Court of Appeals.
Intellectual Property, Technology and Internet
Intellectual Property, Technology and Internet Experience
Larkin Hoffman provided primary legal advice to a newly-formed cloud service provider, and drafted all business agreements for use by the provider in rollout of its new offering.
New Generic Top-Level Domain System Expands Internet Addressing Scheme
A significant expansion of the Internet is underway. On January 12, 2012, the Internet Corporation for Names and Numbers (ICANN) began accepting applications from parties who wish to own and maintain new generic top-level domains.
Survey of Computer Fraud and Abuse Act Cases
Molly Eichten was published in the November 2012 issue of the American Bar Association's publication, The Business Lawyer, for the article "Survey of Computer Fraud and Abuse Act Cases."
Stop Online Piracy Act Causes Controversy Between U.S. Giants
Molly Eichten discusses the highly debated Stop Online Piracy Act (SOPA) first introduced by Representative Lamar Smith from Texas in October 2011.
Eichten Shares Tips for Start-up Businesses on Internet, Copyright, and Trademark Issues
Molly Eichten contributes Internet, copyright, and trademark tips to New Business Minnesota's guide to "What Every New Business Should Know."
The Computer Fraud and Abuse Act--A Survey of Recent Cases
Molly Eichten was recently published in The Business Lawyer for her article on "The Computer Fraud and Abuse Act--A Survey of Recent Cases."
Washington Becomes Third State to Enact a Law Connected to PCI DSS
Anyone who deals with credit card data is probably familiar with the Payment Card Industry Data Security Standard. PCI DSS requires anyone who stores, processes, or handles payment cards to meet certain technical and process requirements. Larger merchants and service providers must pass regular external security assessments, and everyone subject to PCI DSS must undergo frequent scans for technical vulnerabilities. Failure to comply with PCI DSS can lead to significant fines in the event of a data breach.
Domain Name Registration Should Be Part of Business Strategy
A recent court case out of New York underscores the importance of including domain name registration as part of important corporate strategies, such as in mergers and acquisitions. In late 2008, on the same day that Bank of America Corp. alerted the media that it had acquired Merrill Lynch & Co, Inc. a cybersquatter registered the domain names "bofaml.com" and "mlbofa.com."
Employee E-mail on Company Equipment - Private or Not?
Employers had long relied on a general principle that if an employee has used a company system to send, receive or store a personal e-mail or other electronic communication that the communication would be subject to the employer's right to review and disclose the communication even in the face of privacy laws.
Dispute over "Who's Your Patty?" Underscores the Benefits of Registering Trademarks
In October 2009, a single-location restaurant named "Lion's Tap" based in Eden Prairie, Minnesota, sued McDonald's for trademark infringement for use of the tagline "Who's Your Patty?" in connection with McDonald's new Angus burger. So how is it that a single-location restaurant can confidently file a lawsuit against one of the world's largest restaurant franchisors?
Trademark Protection Still an Open Question in New Generic Top Level Domains
The Internet Corporation for Assigned Names and Numbers (ICANN), the non-profit organization that administers the unique identifiers for the Internet, released its third draft of proposed procedures of the new generic Top Level Domain (gTLD) system. The TLD is to the right of the "dot" in an Internet domain name (e.g., ".com"). The proposed new system will allow virtually any gTLD to become part of the TLD system.
FTC to Regulate Bloggers Who Endorse Products
The Federal Trade Commission (FTC) has long prohibited deceptive and unfair business practices that affect American consumers. To assist businesses in avoiding such practices, the FTC publishes what it terms "Guides" on topics such as product endorsements and testimonials. Until this week, it was not entirely clear to what extent the FTC's rules apply to bloggers who review and endorse products, even though most would agree that it has long been clear that advertisers were already responsible for misleading blog entries that were done at the request of the advertisers. Unbeknownst to many consumers, bloggers sometimes receive compensation (through cash or free products) from companies in exchange for favorable reviews of their products.
Can Productive Employees Co-Exist With Social Media?
Michael Fleming and Molly Eichten discuss what employers can do to address the issue of social media in the workplace.
Amazon Erases Purchased E-Books From Kindle
In what appears to be great irony, in mid July, Amazon deleted purchased e-book copies of George Orwell's "1984" and "Animal Farm" from buyers' personal Kindle devices without notifying the buyers. In the book "1984," the government censors all information that would be damaging to Big Brother. Ironic then that Amazon deleted Orwell's controversial e-book after learning that it had sold unauthorized copies of the e-book, subjecting Amazon to claims of copyright infringement.
Goldman Sachs Settles with Blogger in Trademark Infringement Dispute
Goldman Sachs and a Florida blogger recently settled over the issue of whether the blogger's websites infringed on Goldman Sachs' trademark rights. The settlement allows the blogger to continue use of the sites so long as there is a visible disclaimer that the sites are not affiliated with Goldman Sachs. When the blogger agreed to the disclaimer, the firm agreed that it would not proceed with its trademark infringement claims.
Facebook Lawsuit Heats Up Over Control of User Data
A battle has ensued in a California court over the control of user-owned data (i.e., content) on social networking sites. Power.com, an aggregating service that permits users to log into multiple social networking sites at one time, filed a countersuit against Facebook on July 9, 2009. Power.com seeks to resolve issues of control and ownership of user data on social networking sites, and asserts that Facebook is illegally restricting data that users create.
Nevada Updates Encryption Law to Require Data Security Compliance and Encryption on Data Storage Devices
Last October, a new Nevada law took effect that required encryption of all personal data in transit. In response to criticisms that the law was too vague, the Nevada legislature recently enacted S.B. 277, clarifying the encryption requirements.
Text Messages Provide Yet Another Type of Electronic Evidence
A soccer coach from Central Michigan University was fired after two female athletes alleged that he had sexually harassed them. This March, the University settled the harassment claim with the athletes for a little over $450,000. What evidence did the two young women have of the coach's alleged impropriety? Inappropriate text messages.
Facebook Provides Mechanism to Prevent Use of Trademarks as Usernames
A seemingly innocuous change to the Facebook service is yet another thing for trademark owners to pay immediate attention to in order to avoid a "squatter" using a trademark as a username on a Facebook page.
Author of Sequel to "The Catcher in the Rye" May Be Caught in the Act
Author J.D. Salinger filed a lawsuit in New York on June 1, 2009, to stop the publication of an unauthorized sequel to Salinger's classic 1951 American novel The Catcher in the Rye. The complaint alleges that the sequel, 60 Years Later: Coming through the Rye, infringes Salinger's copyrights in both The Catcher in the Rye and the main character Holden Caulfield.
FTC Delays Enforcement of Rules for Identity Theft Policies
The Federal Trade Commission (FTC) announced that it will delay enforcement of the “Red Flags Rule” until August 1, 2009, to “give creditors and financial institutions more time to develop and implement written identity theft prevention programs.” The Red Flags Rule affects any business that regularly extends credit or permits deferred payments for goods or services. Such businesses must implement programs to identify, detect, and respond to activities that may indicate identity theft.
Using Others' Trademarks as Keywords Continues to Be a Risky Practice
This week, another federal appeals court held that using someone else's trademark in keyword metadata constitutes "use in commerce" - a requirement for bringing a trademark infringement claim against another party.
ICANN Delays Launch of New Generic Top Level Domains
The Internet Corporation for Assigned Names and Numbers (ICANN), the private organization that administers the unique identifiers for the Internet, announced last week, that it will delay the launch of the new generic Top Level Domain (gTLD) system until at least December 2009.
Invasion of Privacy Claim Stems from Outdated Domain Name WHOIS Information
WHOIS is a service used on the Internet to obtain publicly available information about a domain name, such as the owner or the identity of a technical administrator. The owner of a domain name controls its WHOIS registration information. A Missouri company had a former employee listed as a contact on the WHOIS registration information for the company's domain name. During that time, the company launched a new web marketing campaign that was widely criticized. Third parties posted online criticism and linked the former employee with the campaign because of the WHOIS registration information. As a result, the former employee sued the company for "false light invasion of privacy."
Expansion of Internet Top Level Domain Names
Within the next year, Internet users could be visiting websites with web addresses such as http://mail.yahoo or http://accounts.wellsfargo, or sending an e-mail to an address such as email@example.com. Notice something missing? There is no “.com” or other familiar Top Level Domain (TLD) in these web addresses.
Larkin Hoffman Ranked on Business Journal's Top 25 List for Intellectual Property Law Firms
Larkin Hoffman was ranked No. 18 among the top 25 law firms with intellectual property practices by the Minneapolis/St. Paul Business Journal.
The Women of Larkin Hoffman Host Annual Networking Event
The women of Larkin Hoffman will host a professional networking event at The Museum of Russian Art. The annual event strives to connect women with women to foster professional relationships.
Guests will be able to network, enjoy the latest exhibits and learn about the artwork from museum docents. To register for the event, click here.
Larkin Hoffman Women's Networking Event at the Minneapolis Central Library
The Larkin Hoffman women attorneys hosted a professional networking event at the the Minneapolis Central Library. The annual event strives to connect women with women to foster professional relationships.
Larkin Hoffman Sponsors 2010 MIMA Summit
Larkin Hoffman is the platinum sponsor of the 2010 MIMA Summit, the premier interactive marketing event in the Midwest, attracting professionals from all disciplines of design, media, promotions, content development, product development, publishing, marketing, usability and experience design.
Larkin Hoffman Sponsors 2010 Midwest Intellectual Property Institute
Larkin Hoffman is proud to sponsor the 2010 Midwest Intellectual Property Institute on Sept. 23-24, 2010 at the Minnesota CLE Conference Center.
Larkin Hoffman Women's Networking Event
The Larkin Hoffman women attorneys hosted a professional networking event at the Target Field Metropolitan Club.
Michael Fleming and Molly Eichten Present at the 2009 MIMA Summit, Sponsored by Larkin Hoffman
Larkin Hoffman Attorneys Michael Fleming and Molly Eichten have been selected to join the slate of industry experts presenting at the 2009 MIMA Summit on October 5, 2009. One of the largest marketing conferences in the Midwest, this year’s Summit is expected to attract nearly 1,000 interactive marketing movers and shakers to the Twin Cities.
Larkin Hoffman Sponsors 2008 MIMA Summit
Learn more about interactive marketing and how to effectively implement it.
Larkin Hoffman Attorneys Volunteer at Crisis Nursery
The Larkin Hoffman women attorneys committee sponsored the first of several breakfasts to support Crisis Nursery.