Intellectual Property Business Torts

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

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

Res judicata Does Not Bar Claims Arising After Prior Litigation, Even One Based on Similar Conduct

TechnoMarine SA v. Giftports Inc. - Addressing whether a prior litigation between the parties resolving claims of unfair competition bars subsequent suit over similar conduct occurring after settlement of the earlier...more

Still laughing? The CJEU hands down final judgment in Deckmyn parody case

Following on from the Advocate General’s opinion in the case of Johan Deckmyn [C-201/13], the Court of Justice of the European Union (CJEU) handed down its full judgment in the case on 3rd September 2014. The ruling confirms...more

Anti-counterfeiting: securing borders

How customs can help you in your battle against fake goods - Smuggling is a common theme in popular literature and films, inspiring clandestine plots and romantic nostalgia. In reality, smuggling fake goods takes a...more

Combating Counterfeiting: How Owners Can Protect Their Brands

Counterfeiting is the practice of manufacturing and/or selling goods, usually of inferior quality, under a brand name without the brand owner’s permission. The damage from counterfeiting is extensive and far-reaching and...more

Tennessee Court Of Appeals Issues New Guidance On Trade Secret Issues

On August 19, 2014, the Tennessee Court of Appeals became the first Tennessee appellate court to address the scope to which Tennessee’s Uniform Trade Secret Act (TUTSA) preempts common law claims related to unfair competition...more

Mattocks v. Black Entertainment Television LLC

Mattocks v. Black Entertainment Television LLC - USDC, S.D. Florida, August 20, 2014 - District court grants defendant BET summary judgment in suit brought by creator of Facebook Fan Page that promoted BET...more

Tennessee Adopts Expansive Trade Secret Preemption Standard

In a case of first impression decided August 19, 2014, the Tennessee Court of Appeals has decided the standard for determining the scope of preemption under the Tennessee Uniform Trade Secrets Act (TUTSA). The court adopted a...more

Judge Upholds Poaching Claims in Pharmaceutical Data Antitrust Case

On Friday, August 15, 2014, Judge Gerald McHugh of the Eastern District of Pennsylvania let stand several counterclaims that IMS Health Inc. (IMS) made against Symphony Health Solutions Corp. (Symphony) in connection with...more

Motion to Set Aside Default Where Defendant Waited Too Long to Obtain New Counsel

Plaintiff Fleet Engineers, Inc. ("Fleet") develops, manufactures, and sells after-market products for the trucking industry. Defendant Tarun Surti, the president of Mudguard Technologies, LLC ("Mudguard"), owns a mud flap...more

Blue Force Seeks to Cut Off Supply of Infringing Weapon Slings to U.S. Marines (and others)

Blue Force Gear, Inc. (“Blue Force”), brought two patent infringement actions in June 2014 against Raine, Inc. (“Raine”), an Indiana corporation, and Savvy Sniper , LLC (“Savvy Sniper”), an Ohio corporation, relating to...more

Alternative Theories To Address Former Employee Competition Where There Are No Covenants

A recent Connecticut Superior Court case demonstrates that all is not lost for an employer when a former employee without a non-compete or a non-solicitation covenant leaves and competes. Wentworth, DeAngelis & Kaufman, Inc....more

Creating Fake Customer Reviews Site Could Be False Advertising and Trade Libel

As evidenced by the success and robust market capitalization of the consumer review site Yelp, Internet users are increasingly turning to "regular people" as a lodestar for whether to purchase goods or services. This is...more

Business Law Newsletter - July 2014

In This Issue: - Redskins Trademark Cancelled - Q&A with Bean, Kinney & Korman - Knowing When and Why to Maintain Your Trademarks - Tortious Interference in Virginia - Improper Methods...more

460 Results
|
View per page
Page: of 19

Follow Intellectual Property Updates on: