Business Torts Intellectual Property

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Three Nike Employees Perpetrate Massive Theft of Trade Secrets then Bolt for Adidas

Nike has sued three former employees who left to work for Adidas. The company is suing for everything imaginable: Breach of contract, theft of trade secrets, fraud, conspiracy and more. In a fifty page Complaint, the athletic...more

Confidentiality Agreements Not Enforceable in Absence of Reasonable Efforts to Preserve Confidentiality

nClosures Inc. v. Block and Company, Inc. - Applying Illinois law, the U.S. Court of Appeals for the Seventh Circuit reminded prospective business partners that non-disclosure agreements will not be effective by...more

Arizona Supreme Court Holds the Arizona Uniform Trade Secrets Act Does Not Preempt Tort Claims Based on Misappropriation of...

On November 19, 2014, the Arizona Supreme Court ruled in Orca Communications Unlimited, LLC v. Noder that the Arizona Uniform Trade Secrets Act (AUTSA) does not preempt common law tort claims for misappropriation of...more

Judge Scheindlin finds that numerous acts of litigation misconduct constitute an “exceptional case.”

TNS Media Research, LLC, et al. v. Tivo Research and Analytics, Inc. Case Number: 1:11-cv-04039-SAS - Plaintiff Kantar Media (“Kantar”) brought a suit against defendant Tivo Research and Analytics, Inc. (“TRA”)...more

Recent Developments Relating to Antitrust and Intellectual Property: Patent Assertion Entities, FRAND and Patent Misuse

On Thursday November 6, the Federal Trade Commission (FTC) announced it had reached an agreement with MPHJ Technology Investments (MPHJ), a patent assertion entity, to settle the FTC’s Complaint that MPHJ allegedly made...more

Trademark Review: Nationstar, L.A.M.B., and Cinderella (November 2014)

Post Bose: The TTAB Cancels a Registration on the Ground of Fraud - Nationstar opposed an application for NATIONSTAR filed by an individual named Mujahid Ahmad. Nationstar claimed Mr. Ahmad committed fraud on the U.S....more

Arizona Supreme Court Limits Preemptive Sweep of Arizona’s Trade Secrets Act

The Arizona Supreme Court decided yesterday in Orca Communications Unlimited v. Noder that Arizona’s version of the Uniform Trade Secrets Act, A.R.S. § 44-401 et seq., does not preempt common law tort claims for...more

Trademark Trial and Appeal Board Sustains Opposition on the Basis of Fraud

Nationstar Mortgage LLC v. Mujahid Ahmad - The United States Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board (TTAB or Board) sustained an opposition on the basis of fraud, finding that Ahmad’s...more

Arizona Trade Secrets Grow New Teeth

Over the last 18 months, the courts had diluted Arizona trade secret protections, notwithstanding the recent criminalization of trade secret theft by the AZ legislature. Today, however, the Arizona Supreme Court breathed new...more

Running Interference: S.D.N.Y. Lays Out Standards for Tortious Interference in Dispute Between Watchmaker and Former Employees

The U.S. District Court for the Southern District of New York recently cleared the way for a Michigan watchmaker to pursue claims for trade secret misappropriation, among other things, against two former employees who left to...more

Business Law Newsletter - November 2014

In This Issue: - Look Before You Click “Agree”: The Importance of Negotiating Your Company’s Software License Agreements - Fraud in Virginia - Common Myths about Copyright and the Internet - Excerpt from...more

When It Comes to Confidentiality Agreements, Just Getting the Signature Is Not Enough

Automotive suppliers and other manufacturers frequently have to share their valuable intellectual property with third parties. A supplier might need to share CAD files with another supplier to ensure that the finished product...more

New Strings Attached: LinkedIn Contacts Are Now Trade Secrets?

From a birds-eye view, Cellular Accessories For Less, Inc. v. Trinitas, LLC appears to be a typical dispute between an employer and its former employee. However, a closer look reveals an issue new to the world of trade...more

Order Pierces Allegations Unsupported By Receivable Evidence In Granting Summary Judgment To All Parties In IP Dispute

In 2011 EarthCam, Inc. (“EarthCam”) brought suit against Richard Hermann (“Hermann”), OxBlue Corporation, Chandler McCormarck, John Paulson, and Brian Mattern (collectively “OxBlue”) asserting corporate espionage to...more

Flo & Eddie Inc. v. Sirius XM Radio Inc. - U.S.D.C., C.D. California, September 22, 2014

Flo & Eddie Inc. v. Sirius XM Radio Inc. - U.S.D.C., C.D. California, September 22, 2014 : District court grants partial summary judgment in favor of plaintiff on copyright claims against Sirius XM Radio, holding that...more

Gucci / Guess – The Italian Appeal: Gucci’s half victory against Guess on the ground of unfair competition

The Milan Court of Appeal has overturned the first instance decision and partially upheld Gucci’s claims, stating that Guess has committed an act of unfair competition, by parasitically copying a number of products of the...more

Oklahoma's new defense in patent infringement lawsuits

A new Oklahoma law should give would-be plaintiffs pause before alleging abusive patent infringement claims. In May, Governor Fallin signed into law HB 2837, making Oklahoma one of 18 states to enact a state bill aimed at...more

Considerations in Obtaining Advice of Counsel to Rebut a Claim of Willfulness

In 2007, the willfulness inquiry changed significantly with the Federal Circuit’s seminal decision, In re Seagate. In addition to establishing a new twoprong test for willful infringement, the Federal Circuit in Seagate...more

Lawyers Fighting Over Domain Names Never Looks Good

Law360 reported that two competing DUI defense lawyers are fighting over the domain name www.dontblow.com. Well-known DUI attorney Tyler Flood is the plaintiff. He has been using the domain name www.DoNotBlow.com for almost...more

Seasoning Maker Swamp Dust LLC Files Trademark Complaint Against Competitor Cajun Wholesale

On September 2, 2014, LaGrange, Georgia-based company Swamp Dust, LLC filed a complaint against Louisiana-based Cajun Wholesale Distributing, Inc. and its director Ritchie Allen Romero (collectively, the “Defendants”)...more

Misappropriation of Trade Secrets Warrants an Ongoing “Reasonable Royalty”

Sabatino Bianco, M.D., v. Globus Medical, Inc. - Comparing and contrasting Texas trade secret law to jurisprudence relating to patent infringement damages, the U.S. District Court for the Eastern District of Texas held...more

Greetings! Use of the PowerPoint Is Trade Secret Misappropriation

Hallmark Cards, Inc. v. Monitor Clipper Partners, LLC - The U.S. Court of Appeals for the Eighth Circuit affirmed a district court’s decision holding that a private equity firm had misappropriated confidential...more

Copying Is Not the Ultimate Test for Copyright Infringement

Paycom Payroll, LLC v. Richison - Copying alone is insufficient to establish copyright infringement, according to the U. S. Court of Appeals for the Tenth Circuit. In an infringement action involving computer...more

Better Describe Trade Secret If You Want to Protect It

New Castle Beverage, Inc. v. Spicy Beer Mix, Inc. - In an unpublished opinion, the Court of Appeal of the State of California’s Second Appellate District affirmed the lower court’s denial of a preliminary injunction...more

Supreme Court Corner - Q3 2014

RECENT DECISIONS - NAUTILUS, INC. V. BIOSIG INSTRUMENTS, INC. Patent: Decided: June 3, 2014: Holding: In a unanimous (9-0) opinion authored by Justice Ruth Bader Ginsburg, the Court held that the Federal...more

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