News & Analysis as of

Intellectual Property Business Torts Constitutional Law

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Texas Supreme Court Announces New Rule for Exemplary Damages

by Strasburger & Price, LLP on

The Due Process Clause of the Fourteenth Amendment prohibits the imposition of excessive exemplary damages. Whether an award comports with due process is measured by three guideposts...more

A Key Difference Between the DTSA and UTSA: “Continued Misappropriation” Continues to be a Viable Claim

by Fisher Phillips on

The Defend Trade Secrets Act (“DTSA”), unapologetically, was modeled after the Uniform Trade Secrets Act (“UTSA”) in many respects. For background, the DTSA is the federal statute, enacted in 2016, that creates a federal...more

Standing to Enforce Foreign Trademark Rights After Belmora v. Bayer Certiorari Denial

by Jones Day on

On February 27, 2017, the Supreme Court of the United States denied certiorari in Belmora LLC v. Bayer Consumer Care AG, 819 F.3d 697 (4th Cir. 2016), cert. denied, __ S. Ct. __, 2017 WL 737826 (U.S. Feb. 27, 2017) (No....more

When Is Internet Speech Protected Petitioning Activity? Federal Court Grants Anti-SLAPP Motion In FIRE CIDER Trademark Suit

On May 12, 2016, the District of Massachusetts held that that an online campaign in support of the cancellation of a registered trademark (FIRE CIDER) was protected petitioning activity, even though the campaign was organized...more

CBM Review Not a Venue for Review of Contractual and Tortious Disputes (Ocean Tomo, LLC v. PatentRatings, LLC)

by McDermott Will & Emery on

Addressing the issue of standing, the Patent Trial and Appeal Board (PTAB or Board) denied institution of a covered business method (CBM) patent review, finding that the petitioner failed to show sufficient proof...more

Magistrate Recommends Denying Dismissal Of State Law Claims As Moot

by Morris James LLP on

Counter-defendants claimed that counterclaims 1(breach of contract), 4(breach of duty of loyalty), 5(tortious interference with contractual relations) and 6 misappropriation of trade secrets) are procedurally improper. The...more

Employer’s Action for Misappropriation of Trade Secrets Against Former In-House Counsel Who Engaged in Competitive Activities Not...

by Seyfarth Shaw LLP on

There are indeed limits to the reach of the anti-SLAPP statute, particularly in the trade secret context. In West Hills Research and Development, Inc. v. Terrence M. Wyles, a California appellate court ruled that engaging in...more

Fifth Circuit Revisits Copyright Preemption of Trade Secret Law

The United States Court of Appeals for the Fifth Circuit recently revisited the issue of the Copyright Law preemption of trade secrets claims in Spear Marketing, Inc. v. Bancorpsouth Bank. The decision not only resolved the...more

Federal Judge Permits MPHJ’s Suit Challenging Vermont’s Bad Faith Patent Demand Letter Law To Proceed

by Kelley Drye & Warren LLP on

We previously discussed the Vermont attorney general’s enforcement action against MPHJ Technology Investments, LLC, a non-practicing entity that has recently been the subject of regulatory scrutiny. The attorney general’s...more

Liability for Commercial Speech: A Guide to False Advertising, Commercial Disparagement, and Related Claims

by Foley Hoag LLP on

This volume summarizes related bodies of law – false advertising, commercial disparagement, and defamation – that govern the conduct of business communications. It sets forth elements, damages, and related defenses for each...more

Faked LinkedIn Profile and Twitter Hash Tags Give Rise to Trademark and False Advertising Claims

A recent opinion from the Western District of Virginia sets forth a useful framework for analyzing a variety of Lanham Act claims based on false commercial speech uttered in social media....more

(A Short History of) The Misuse of Trademarks to Control Free Expression

by Ronald Coleman on

Paper included in the CLE materials for a panel on which I was a participant at the American Intellectual Property Law Association's annual meeting on October 24, 2013. The Panel was entitled "Trademarks, Goodwill and Free...more

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

Order GRANTING Plaintiff's Motion to Dismiss Pursuant to FRCP 12(b)(6)

by Ronald Coleman on

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

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

First Amended Complaint and Jury Demand

by Ronald Coleman on

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

District of Columbia Struggling With Anti-SLAPP Law

by Aaron Morris on

The District of Columbia instituted an anti-SLAPP procedure back in March but the judges are having a heck of a time figuring it out. Judge Rufus G. King III of the D.C. Superior Court got it right. A local television...more

Devere Group GMBH v. Opinion Corp. et al.

Brief in Support of Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted (FRCP 12(b)(6))

by Ronald Coleman on

Motion to dismiss defamation claim pleaded as a Lanham Act trademark infringement complaint in order to circumvent DMCA section 230. The court agreed, dismissing the claim in its entirety....more

Ascentive, LLC v. Opinion Corp.

Memorandum of Law in Opposition to Plaintiff Classic Brand's Motion to Supplement

by Ronald Coleman on

Brief by the owners of Pissedconsumer.com in opposition to the motion by Classic Brands, LLC, whose complaint was consolidated with the complaint of Ascentive, LLC, to "supplement the record" on its pending application for a...more

Pearson Education, Inc. v. Textbook Discounters

Memorandum & Order

by Ronald Coleman on

We filed a motion to dismiss this case filed against importers of "foreign" versions of textbooks against one of the publishers of those textbooks. The main issue involves the applicability of the First Sale Doctrine to such...more

Pearson Education, Inc. v. Textbook Discounters

Reply Memorandum of Law in Support of Motion to Dismiss

by Ronald Coleman on

This is a reply brief on the motion to dismiss the case filed against importers of "foreign" versions of textbooks against one of the publishers of those textbooks. The main issue involves the applicability of the First Sale...more

Lenz v. Universal et al.

Defendants' Reply in Support of Motion [1] to Certify August 20, 2008 Order for Interlocutory Appeal Pursuant to 28 U.S.C. Sect....

The Electronic Frontier Foundation (EFF) filed suit against Universal Music Publishing Group (UMPG), asking a federal court to protect the fair use and free speech rights of a mother who posted a short video of her toddler...more

Lenz v. Universal et al.

Opposition to Defendants' Motion to Certify August 20, 2008 Order For Interlocutory Appeal and to Stay Pending Resolution of...

The Electronic Frontier Foundation (EFF) filed suit against Universal Music Publishing Group (UMPG), asking a federal court to protect the fair use and free speech rights of a mother who posted a short video of her toddler...more

Showing Animals Respect and Kindness v. Professional Rodeo Cowboys Association

Complaint

EFF has asked a federal court to protect the free speech rights of an animal welfare group after its video critiques of animal treatment at rodeos were removed from YouTube due to sham copyright claims. The group Showing...more

Barbara Bauer & Barbara Bauer Literary Agency, Inc. v. Jenna Glatzer, et al.

Brief in Opposition To Motion To Dismiss

On May 1, 2008, EFF and the law firm of Sheppard Mullin Richter & Hampton filed a motion to dismiss a lawsuit brought against the operator of the popular online encyclopedia Wikipedia, arguing that federal law immunizes it...more

Bauer v. Glatzer et al.

Memorandum of Law in Support of Motion of Defendant Wikimedia Foundation, Inc. To Dismiss the Complaint

On May 1, 2008, EFF and the law firm of Sheppard Mullin Richter & Hampton filed a motion to dismiss a lawsuit brought against the operator of the popular online encyclopedia Wikipedia, arguing that federal law immunizes it...more

24 Results
|
View per page
Page: of 1
Cybersecurity

Follow Intellectual Property Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.