Business Torts › Antitrust & Trade Regulation › Intellectual Property

General Liability Policies May Cover Antitrust, Patent and Other Business Litigation - Part 2

In a prior post, we explained how a general liability policy may cover antitrust, patent, trade secret and other business litigation claims, if there are allegations that insured made negative comments about the other party’s...more

Bernstein Shur Business and Commercial Litigation Newsletter #24

We are pleased to present the 24th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent decisions addressing the statute of repose for securities fraud claims, the...more

New EU Counterfeit Goods Regulation

On 24 January 2013, the Internal Market and Consumer Protection committee of the European Parliament endorsed a new Regulation 5129/2013/EC setting out customs procedures for goods suspected of infringing intellectual...more

Ohio's Standard for Malicious Litigation Sounds Familiar

I rely entirely on John Marsh of Hahn Loeser to provide details on one of the year's most important competition cases, American Chemical Society v. Leadscope. For this post, the holding is relevant in that it establishes - at...more

Silicon Handshake or Hangman's Noose: The NDA's Opportunities and Risks

Nondisclosure Agreements ("NDAs") are everywhere: a Silicon Valley Don Juan had an NDA ready for every date. However, NDAs are not created equal -- what is good for the discloser is not good for the recipient. The "Silicon...more

Aftermarket Monopolization Claims Dismissed as Afterthought

Plaintiff Océ North America, Inc. ("Océ") brought an action against a service market supplier for copyright infringement. Defendant MCS Services, Inc. ("MCS") filed a Kodak-style "aftermarket" monopolization counterclaim, in...more

Empresa Cubana v. U.S.(Havana ClubTrademark Dispute)

Decision on Havana Club Trademark Dispute Between Bacardi and Pernod

A divided appeals court in Washington ruled in favor of the U.S. Treasury Department's refusal to renew a Cuban company's trademark for "Havana Club" rum. The decision is the latest development in a long and bitter dispute...more

Bully for Who? Thoughts on "trademark bullying" - Intellectual Property Magazine

The U.S. PTO has asked for commentary from the public about a hazily defined concept -- "trademark bullying." But we know what they mean. ...more

Advertising Law - November 16, 2009

IN THIS ISSUE: *Chamber of Commerce Sues Parody Site *Agency Sues Over Brand Integration Idea *Internet Airing Helps Settle Monster Lawsuit *Iconix Settles COPPA Complaint for $250,000 *Ad Shop Goes After Fake...more

Rapaport v. Idex Online, Ltd.

Plaintiff's Memorandum of Law in Opposition to IDEX's Motion to Amend and Supplement the Counterclaims and to Compel Production

Plaintiffs (collectively “Rapaport”) submitted this brief in opposition to the motions of defendants-counterclaimants (collectively “IDEX”) to amend and supplement their counterclaims and to compel additional document...more

GateHouse Media Massachusetts I, Inc. v. The New York Times Co.

Settlement Order of Dismissal

On December 22, 2008, GateHouse Media sued the New York Times, alleging that the "hyper-local" news aggregation pages on the New York Times-owned site Boston.com infringed its copyright and trademark rights. At the judge's...more

GateHouse Media Massachusetts I, Inc. v. The New York Times Co.

Settlement Agreement

On December 22, 2008, GateHouse Media sued the New York Times, alleging that the "hyper-local" news aggregation pages on the New York Times-owned site Boston.com infringed its copyright and trademark rights. At the judge's...more

Gatehouse Media Massachusetts I, Inc. v. The New York Times Co., et al.

First Amended Complaint

On December 22, 2008, GateHouse Media sued the New York Times, alleging that the "hyper-local" news aggregation pages on the New York Times-owned site Boston.com infringed its copyright and trademark rights. At the judge's...more

Gatehouse Media Massachusetts I, Inc. v. The New York Times Co., et al.

Defendant's Answer, Affirmative Defenses, and Counterclaim-Plaintiffs' Counterclaims to Plaintiff's Complaint

On December 22, 2008, GateHouse Media sued the New York Times, alleging that the "hyper-local" news aggregation pages on the New York Times-owned site Boston.com infringed its copyright and trademark rights. At the judge's...more

Gatehouse Media Massachusetts I, Inc. v. The New York Times Co., et al.

Complaint

On December 22, 2008, GateHouse Media sued the New York Times, alleging that the "hyper-local" news aggregation pages on the New York Times-owned site Boston.com infringed its copyright and trademark rights. At the judge's...more

Newsletter of the Advertising, Marketing & Media Practice Group of Manatt, Phelps & Phillips, LLP

IN THIS ISSUE: *Pending New York Right of Publicity Bill To Provide Protection for Deceased Celebrities *French Court Fines eBay Over Fakes *ISPs Will Block Child Pornography Sites *FTC To Focus on Green Building and...more

Newsletter of the Advertising, Marketing & Media Practice Group of Manatt, Phelps & Phillips, LLP

IN THIS ISSUE: *FTC Announces Record Telemarketing Fraud Sweep *Craigslist and eBay in Court Over Online Classified Ad Sites *Study Finds Comcast and Cox Obstruct File-Sharing *MySpace Wins $230 Million Award Against...more