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California Supreme Court Denies BOE Petition for Review in Lucent Technologies

Last week, the California Supreme Court denied the State Board of Equalization’s (BOE’s) petition for review in Lucent Technologies, Inc. v. State Bd. of Equalization, No. S230657 (petition for review denied Jan. 20, 2016)....more

GUEST POST: David Lisch on the Basics of Intellectual Property Law for Start-Ups (Part 2-Patents)

A patent protects “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof” 35 U.S.C. § 101. Unlike trademarks, which protect a brand name and recognition, a...more

GUEST POST: David Lisch on the Basics of Intellectual Property Law for Start-Ups (Part 1)

At one point or another, all companies will be faced with the decision if, and how much, to invest in intellectual property protection. Let’s start with trademarks. A trademark is a word, phrase, symbol, and/or design...more

Branding Checklist: Boom Or Bust 2016

2016 is already upon us! Now is a good time to thoroughly review your business’ branding, advertising and trademark portfolio. Your trademark represents the goodwill of your business, and therefore proper procurement,...more

Intellectual Property Law - December 2015

Down the Rabbit Hole: Trends in Software Patent Court Decisions Post-Alice - Why it matters: In Alice Corp. v. CLS Bank, the U.S. Supreme Court held that claims for a computer-based software method for reducing...more

Canadian Trademark Changes Delayed Once Again – Five Things to Do While You Wait

Canada is a critical U.S. trading partner. Products and services move fluidly across the border, which makes protecting trademarks in Canada exceptionally important for U.S.-based companies. However, Canada’s anachronistic...more

Merry Christmas! Rights to “Santa Claus’ Is Comin’ to Town” Return to Songwriter’s - Baldwin v. EMI Feist Catalog, Inc.

Baldwin v. EMI Feist Catalog, Inc.Addressing issues of copyright ownership and the effectiveness of copyright termination notices, the U.S. Court of Appeals for the Second Circuit reversed the district court’s summary...more

No Fresh Wrong, No Duty to Defend - Hanover Ins. Co. v. Urban Outfitters, Inc.

Where an alleged trademark infringement began 16 months before an insurance policy took effect, the U.S. Court of Appeals for the Third Circuit affirmed the district court’s decision that the insurer had no duty to defend or...more

Retail and Consumer Products Law Roundup - December 2015

In this month's highlights, a federal court rules that insurance coverage was triggered for the defense of garment hang tag "advertisements" in a trademark/copyright and unfair competition lawsuit…the California Supreme Court...more

Creative Commons Works: Free to License, But Not Necessarily Free to Use

Companies love to use third-party content for free. In this era of belt-tightening and slashed marketing budgets, why pay to create photos and videos for advertising and other commercial uses when compelling photos and videos...more

Seven Points to Consider Regarding Advertising Claims

Under the Federal Trade Commission (“FTC”) Act, advertising must be truthful and non-deceptive, advertisers must have evidence to back up their claims, and advertisements cannot be unfair. An advertisement is deceptive if it...more

The Give and Take of the 2015 Library of Congress Sec. 1201 Copyright Exemptions

I used to love working on cars. As a teenager I had a 1972 Karmann Ghia, which I could repair, MacGyver-like, with rubber bands, tinfoil, and sticks of chewing gum. But as automotive technology advanced, the prospect of...more

Fourth Age Limited v. Warner Bros. Digital Distribution Inc. - USCA, Ninth Circuit, October 28, 2015

Ninth Circuit affirms district court’s holding that Warner Bros. can assert counterclaims against estate of J.R.R. Tolkien in action over right to make digital merchandise based on Tolkien’s books, as counterclaims were...more

Six Key Ways to Protect Mobile Medical App IP

As a long-term means of protecting value for a mobile medical application (MMA) product, securing core intellectual property tops the list. The technology behind your app may represent most of your company’s value, as any...more

Third Circuit Announces Coverage-Defeating First Publication Rule

On October 23, 2015, the United States Court of Appeals for the Third Circuit issued a ruling that may make it more difficult for Pennsylvania policyholders to obtain coverage for the misappropriation of advertising ideas...more

To Tweet or Not to Tweet: Social Media and Intellectual Property Issues

Social media platforms are very useful, but they also create legal issues. Without question, social media has changed the way businesses communicate with their clients and consumers. Likewise, social media has changed the way...more

CBP Expands Information Sharing Procedures to Help Detect Counterfeit Merchandise

Effective October 19, 2015, U.S. Customs and Border Protection (CBP) implemented a final rule expanding CBP’s information sharing procedures with importers and trademark owners with respect to merchandise suspected of bearing...more

Royalty Allocations for Royalty Pools Must Be Well Reasoned and Based on a Record - Settling Devotional Claimants v. Copyright...

Addressing the reasonableness of the Copyright Royalty Board’s (Board) decision allocating a pool of royalties among several parties for the retransmission of copyrighted material by cable system operators, the U.S. Court of...more

Technology Industry Newsletter - October 2015

We hope you enjoy this edition of our Tech Newsletter. As technology continues to drive business innovation and growth, new and existing companies positioned to take advantage of the tech trends for 2016 will be better...more

Are You Sharing or Relinquishing Your Rights on Social Media?

Considering the meteoric growth of social media websites like Facebook—which had 1.44 billion active users in the first quarter of 2015[1]--the ecosystem of individuals and businesses that should be cognizant of the legal...more

Financial Projections, Strategic Plans, And Customer Contract Proposals Can Be Trade Secrets

Two competitors who do research and analysis for advertisers and media companies, concerning how television viewing impacts consumer purchasing, have been in a legal battle over alleged trade secret misappropriation, patent...more

Is Gatorade Gonna Hate Hate Hate?

It may be because I attended her concert last weekend, but a new trademark lawsuit brought by the owner of the GATORADE mark made me think of Taylor Swift. One of her popular songs, “Shake it Off” has a chorus that says,...more

Georgia Court Holds Coverage Triggered for Product Disparagement Claim

In its recent decision in Foliar Nutrients v. Nationwide Agribusiness Ins. Co., 2015 U.S. Dist. LEXIS 125528 (M.D. Ga. Sept. 21, 2015), the United States District Court for the Middle District of Georgia had occasion to...more

A BrandVerb Uber Alles?

Uber, the popular brand that helps people arrange prompt ground transportation, is now also being called a verb. The Star Tribune recently reported that the founder of iHail, a recent competitor of Uber in the Twin Cities...more

Alert: Ninth Circuit: Copyright Owners Must Consider Fair Use Defense Before Sending Takedown Notices

On September 14, 2015, the Ninth Circuit Court of Appeals held that parties who send "takedown notices" under the authority of the Digital Millennium Copyright Act ("DMCA") must consider whether the subject work constitutes a...more

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