Business Torts Intellectual Property

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UPDATE: BOSTON’S Founder and a Former Bandmate Still Seek Peace of Mind

We have written previously about Scholz v. Goudreau, No. 13-CV-10951 (D. Mass.); the case recently went to trial on the parties’ surviving claims, and they are now immersed in post-trial briefing....more

Challenge to ITC’s Extraterritorial Authority over Trade Secret Dispute Launched by Chinese Corporation

The United States International Trade Commission (“ITC”) is an independent, quasijudicial Federal agency with broad oversight over trade matters. In addition to trade practices such as dumping and subsidies, the ITC...more

Federal Court Rejects Defend Trade Secrets Act Whistleblower Immunity Defense on a Motion to Dismiss and Orders Employee to Return...

This past Spring, we reported on the recently enacted Defend Trade Secrets Act (“DTSA”), which provides a new federal civil cause of action to trade secret owners seeking to pursue claims of trade secret misappropriation. ...more

Food Fight: America’s Test Kitchen v. Chris Kimball

If, like me, you’re a fan of PBS and its soothing, soft-focus, food-related shows (ahem, Great British Bake-off), you were probably devastated when you heard that longtime host Chris Kimball, was leaving America’s Test...more

District Court Stays Patent Litigation Pending State Court Proceedings That Will Determine Licensing Issue

In this patent infringement action, MMEI, owns U.S. patent 6,234,099 ("the '099 patent"). Fineline Industries, Inc. ("Fineline Inc.") entered into a license agreement with MMEI that permitted Fineline Inc. to use the '099...more

Some Like It Infringed? Monroe Estate Continues Intellectual Property Battles Despite Lack of Publicity Rights

On Wednesday, November 9, 2016 the estate of Marilyn Monroe filed a complaint in the Southern District of New York against Fashion Central. The Monroe Estate claims that Fashion Central infringes its intellectual property...more

Undersecretary Nelotsky is Alive and Well!

In the landmark misappropriation case International News Service v. Associated Press, 248 U.S. 215 (1918), the Supreme Court identified a quasi-property right created by the investment of effort and money in an intangible...more

After Plaintiff Asserted Boilerplate Objections to Discovery, District Court Orders Plaintiff's Objections Waived

The plaintiff filed a complaint against the defendant for patent infringement, trade dress infringement and unfair competition, among other claims, based on the defendants' marketing and selling of portable vaporizers. The...more

qech wej QaD trademark nIH (Trademarks Don’t Protect Ideas)

Lucas Film Limited has sued Michael Brown and his Light Saber Academy for trademark infringement, unfair competition, dilution, cybersquatting, state unfair competition, and dilution, arising from Mr. Brown’s running an...more

The Supreme Court of Canada’s Fall Term: the Internet Court?

The Supreme Court of Canada’s Fall term, which began on October 3rd, could probably be labelled the “internet term”, with major cases involving both Google and Facebook. The Court will also be hearing a number of other cases...more

Ninth Circuit Rules Trader Joe’s May Pursue Infringement Claim Against Infringing Activity in Canada

The Ninth Circuit recently became the latest appeals court to address the extraterritorial reach of the Lanham Act, holding that a U.S. trademark holder can pursue a Lanham Act claim in the U.S. against infringing activity...more

Searching for Causation in ACTOS Complaint

How explicitly must a complaint sounding in antitrust allege causation? At oral argument last week, the Court of Appeals for the Second Circuit evaluated the sufficiency of the plaintiffs’ allegations that certain Takeda...more

The Underwear Heist

On September 20, 2016, Intimateco, LLC filed suit against Bliss Lingerie Corp., its founder – the former Intimateco Vice President of Operations – and related parties for trademark and copyright infringement, and related...more

Appeals Court Divided On Bad Faith Under Illinois Trade Secrets Act

In a question of first impression, the Illinois Appellate Court recently addressed what constitutes “bad faith” for purposes of awarding attorneys’ fees to the prevailing party under §5 of the Illinois Trade Secret Act...more

Applying New Halo Standard, the Federal Circuit Reverses Course and Affirms Finding of Willful Infringement

Upon remand by the Supreme Court following its decision in Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S. Ct. 1923 (2016), a panel of the Federal Circuit reconsidered its previous decision to vacate a jury’s...more

“The Man Who Brought the Beatles to America” is Bringing Them Back…to a U.S. District Court

Sid Bernstein was a legendary promoter and producer of iconic rock-and-roll performers including the Rolling Stones, the Moody Blues and, of course, the Beatles. Bernstein earned his moniker as “The Man Who Brought the...more

District Court Grants Permanent Injunction, but Denies Product Recall

A judge in the Western District of Michigan enjoined a roofing manufacturer’s infringing and directly-competing vented soffit product, but denied the patentee’s request for a complete product recall....more

Gladys Knight Files Unfair Competition Lawsuit Against Her Son

This Monday, seven-time Grammy Award-winning recording artist Gladys Knight commenced a federal unfair competition lawsuit against her own son and his businesses in connection with a chain of Atlanta-area chicken and waffle...more

The Business Court Opens Its Door Wide To "Intellectual Property" Disputes

The Business Court doesn't often discuss its interpretation of the statutory bases for a designation to the Court, all of which are contained in G.S. sec. 7A-45.4. So its published Order this month in Southeastern...more

Timber! Will the Little Trees Car Freshener Configuration Trademark be Chopped Down?

We wrote about the above trademark warning ad a few years back, and the claimed trademark owner likely recognizing vulnerability as to validity...more

Making Sense of the Peter Doig Trial and the Authentication Fallout

As was reported in detail by the New York Times and others earlier this week, artist Peter Doig prevailed in what most agree was the strangest art related trial in many years. In a nutshell, Doig was accused by a former...more

Copyright and Trademark Case Review: Wine, Vodka and a Little Karaoke

Copyright Opinions - Eleventh Circuit Seeks Florida High Court's Guidance on Pre-1972 Sound Recordings: Flo & Eddie, Inc. v. Sirius XM Radio, Inc., No. 15-13100 (11th Cir. June 29, 2016) - Anderson, J. In a suit...more

CardiAQ’s Inventorship Challenge Survives

Neovasc began its business relationship with CardiAQ in June, 2009, by providing services and supplies for the development of CardiAQ’s TMVI heart valve device. Though the relationship lasted only 10 months, the parties...more

The Federal Defend Trade Secrets Act vs. The California Uniform Trade Secrets Act

Although some version of the Uniform Trade Secrets Act (“UTSA”) has widely been adopted by most states, including California, variations among the versions and related judicial interpretation has led to...more

2016 DTSA: Providing Manufacturers with New Avenues to Protect Trade Secrets

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (DTSA), which provides a federal civil cause of action to manufacturers for the misappropriation and theft of trade secrets under the...more

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