Business Torts › Civil Remedies › Intellectual Property

Mother’s Day Post: Mother And Son Accused Of Trade Secret Theft

In honor of Mother’s Day, we note a case in which mother and son were both accused of misappropriating trade secrets....more

Arbitrator’s Creative IP Remedy Upheld Because It Furthered “General Aims Of Agreement”

In a dispute over whether an arbitrator has authority to grant a video game developer and publisher a perpetual license in the intellectual property as a remedy for the developer’s fraud and breaches of contract, the Fifth...more

Speaking Of . . . Trade Secrets - Damages For Misappropriation Can Be Full Refund Of Ex-Employee’s Severance Pay

When your trade secrets are stolen, you might sue the ex-employee who stole them, or the competing business that’s now in possession of them, or both. What’s an appropriate measure of damages when your trade secrets are...more

Ochre, LLC v. Rockwell

Appellant's Brief

From the Preliminary Statement: In Chosun Int'l, Inc. v. Chrisha Creations, Ltd., 413 F.3d 324, 328 (2d Cir. 2005), this Court held that “one may not copyright the general shape of a lamp.” This appeal raises the question...more

Much Ado About Something

Over the last couple of months there has been a fair amount of press given to the California Appellate Court decision in SASCO v. Rosendin Electric, Inc., 207 Cal. App. 4th 837 (2012). As is typical with cases brought under...more

Linkedin Lockout Loss for Employee

Can your employer demand access to your Linkedin account? Can your employer keep access to your account after you terminate employment? Can you sue for damages if your employer denies you access to Linkedin, and your...more

Cook County Order on Attorneys' Fees Illustrates Factors Used to Assess Bad Faith

Earlier this year, Judge Mary Anne Mason in the Circuit Court of Cook County awarded attorneys' fees to a prevailing defendant under Section 5(i) of the Illinois Trade Secrets Act. That provision allows for a defendant to...more

Ochre LLC v. Rockwell Architecture, Planning and Design, P.C. et al.

Brief in Opposition to Motion by Defendant Project Dynamics to Dismiss for Failure to State a Claim

Ochre designed the iconic and much-sought-after "Arctic Pear" line of lighting fixtures. Its lawsuit seeks relief from companies involved in the design and construction of a hotel in Las Vegas that made slavish copies of the...more

Guggenheim Capital v. Toumei

Reply Brief of Appellant David Birnbaum

This is the reply brief in an appeal concerning the question of whether it is proper for a court to enter, as a sanction for litigation non-compliance, a default judgment and a seven-figure statutory damages award against a...more

Boarding School Review, LLC v. Delta Career Education Corp.

Reply Memorandum of Law in Support of Motion to Dismiss for Failure to State a Claim under FRCP 12(b)(6)

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

Ochre LLC v. Rockwell Architecture, Planning and Design, P.C. et al.

Brief in Opposition to Motion to Dismiss for Failure to State a Claim

Ochre designed the iconic and much-sought-after "Arctic Pear" line of lighting fixtures. This lawsuit seeks relief from companies involved in the design and construction of a hotel in Las Vegas that made slavish copies of the...more

California Court Awards Attorneys' Fees and Costs in Bad Faith Trade Secret Lawsuit

In July 2012, a California appellate court affirmed a trial court's award of attorneys' fees to a trade secret defendant, finding that the plaintiff that had raised the claim of trade secret misappropriation in the case did...more

The Court’s Broad Power To Enjoin Trade Secret Violations Can Be Costly

On June 27, 2012, we reported that TNA Entertainment, LLC (“TNA”), a local professional wrestling promotion company, sued its former employee, Brian Wittenstein, and a direct competitor, World Wrestling Entertainment, Inc....more

Amerigas Propane, L.P. v. Opinion Corp. d/b/a PissedConsumer.com

Answer, Affirmative Defenses and Jury Demand

See the affirmative defenses. From BusinessInsider.com: "Propane giant AmeriGas recently sued online complaints forum Pissed Consumer for trademark infringement. "Gas company executives were presumably upset with how...more

VO Group, LLC v. Opinion Corp. et al.

Decision and Order Granting in Part and Denying in Part Motion to Dismiss

Order and opinion on motion to dismiss complaint filed in New York Supreme Court (trial level), Kings County (i.e., Brooklyn), by timeshare sales company seeking to censor criticism of the company found on...more

Amerigas Propane, L.P. v. Opinion Corp. d/b/a PissedConsumer.com

Reply Memorandum of Law in Support of Motion to Dismiss for Failure to State a Claim under FRCP 12(b)(6)

See the associated moving brief. This is the reply brief preliminary statement: Defendant Opinion Corp. (“defendant” or “Opinion Corp.”) submits this reply memorandum in further support of its motion to dismiss the...more

Ten Simple Legal Rules for Business Owners

Follow these ten simple rules to avoid or reduce potential legal liability. ...more

Amerigas Propane, L.P. v. Opinion Corp. d/b/a PissedConsumer.com

Brief in support of defendant’s motion to dismiss the complaint for failure to state a claim upon which relief can be granted...

Another lawsuit against PissedConsumer.com, another motion to dismiss. The preliminary statement: Defendant Opinion Corp. is, as set forth in the Complaint, the corporate owner of an Internet website called...more

Tropp v. Conair Corporation, et al.

Memorandum and Order Denying Motion for Attorneys' Fees in Patent Case

Denial of motion by defendants in this patent infringement case, dismissed on grounds of collateral estoppel due to a decision in a related case, seeking attorneys' fees and costs. The parties representing essentially the...more

Guggenheim Capital v. Toumei

Order Denying Plaintiff's Motion for an Appeal Bond and Awarding Reduced Attorneys' Fees

Order on motions by plaintiffs seeking requirement of $100,000 appeal brief and nearly $700,000 in attorneys' fees and costs in Lanham Act statutory damages case where both final judgment and order awarding attorneys' fees...more

Tropp v. Conair Corporation, et al.

Brief of Appellant David Tropp

In the District Court proceedings, plaintiff / appellant David tropp accused the appellees of indirect and contributory trademark infringement concerning the patents in suit. Related claims in an action called Travel Sentry...more

Ascentive, LLC v. Opinion Corp.

Opinion and Order Denying Preliminary Injunction

Opinion and order denying the motions by Ascentive, LLC and Classic Brands, LLC for a preliminary injunction censoring consumer complaint about the companies on the PissedConsumer.com website. The companies' legal...more

VO Group, LLC v. Opinion Corp. et al.

Brief in Support of Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted (CPLR sec. 3211(a)(7))

Motion to dismiss complaint filed in New York Supreme Court (trial level), Kings County (i.e., Brooklyn), by timeshare sales company seeking to censor criticism of the company found on PissedConsumer.com....more

Civility? Really?

Civility, across the broad arch of a career, is a successful and lucrative business model. I believe it will enhance your professional career, better serve your clients, make you more profitable, and keep you sane. ...more

Guggenheim Capital v. Toumei

Memorandum of Law in Opposition to Plaintiffs' Motion for an Appeal Bond

Plaintiffs in this trademark default judgment case seek to eliminate the appeal by defendants, whom we came to represent for post-trial proceedings, by having the court impose a $100,000 bond as a condition of continuing...more