Intellectual Property General Business

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Life Sciences Spotlight - Asia Pacific Issue 7, 2016

Welcome to the seventh edition of Life Sciences Spotlight, and our very first AusBiotech/Biofest conference edition. We are very pleased to provide updates on a number of developments in the life sciences sector across...more

Using Pop Culture References in Advertisements? Just Do It Right

In this age of smartphone cameras and hashtags, an impromptu remark or a right place-at-the-right-time snapshot can “go viral” and create instant and immense goodwill. Businesses today use social media as a tool to promote...more

Energy Sector Alert Series: Brexit and Energy - Leaving the EU While Staying Connected

In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Lawyers from across the firm are discussing issues ranging from cybersecurity, antitrust and intellectual...more

Make sure you get what you pay for with Independent Contractors: Pitfalls of a “Work Made for Hire” Agreement

As the owner or manager of a newly minted business, you are likely inclined to engage independent contractors to design your web site, create your marketing materials and perhaps even provide services to your clients....more

Should Hotels, Restaurants, Bars, and Shopping Centers Stop Offering Open WiFi Connections?

The answer in Germany is “yes.” To understand why, you have to understand the principle of “co-liability” or Störerhaftung. Under the principle of co-liability, operators of an open WiFi network can be held liable for the...more

No Way Around It: SB 1241 Further Restricts Non-Compete Agreements For California Workers

Companies often seek to protect their trade secrets by requiring employees to sign non-compete agreements. California law invalidates such provisions except in very limited circumstances. See Bus. & Prof. Code §§ 16600 et...more

7 Secrets to Navigating International Markets

October 17, 2016 Publications By Louis Dejoie With considerable fanfare, the first U.S. cruise ship to travel from Miami to Havana in 40 years arrived in Cuba on May 2. The ocean voyage signaled to many the start of a new era...more

Freedom to Utilize Genetic Resources? The Nagoya Protocol Two Years Later

Two years ago today, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits from their Utilization to the Convention on Biological Diversity (“Protocol”) entered into international...more

Employment Alert: "Federal Protection of Trade Secrets - the Defend Trade Secrets Act of 2016"

Earlier this year, Congress passed the Defend Trade Secrets Act ("DTSA"), a comprehensive amendment of existing legislation that previously addressed economic espionage and now provides for a private federal civil cause of...more

Four T’s at Four: What Breweries Need to Know About Their IP Before They Consider an Exit

“Forties at 4” was a time-honored Friday tradition among my engineering classmates in college. After our last class, several of them would purchase Miller (if we could find it in a 40 oz) or Old English or some other malt...more

Part 7 of Reviewing Third Party Vendor Service Contracts, a Seven Part Guide

This is part 7 of a Seven Part Guide to reviewing vendor contracts. Indemnification. Indemnification provisions in a third party services contract can be hotly contested. There is no question that banks should include...more

Copyright: Europe Explores Its Boundaries - Digital Single Market Update: The European Commission’s Proposal to Modify and...

Copyright reform is a key part of the European Union’s package of measures designed to create a Digital Single Market (DSM) in the EU. The European Commission’s view is of nothing less than a modernisation of EU copyright...more

FTC Releases Report on Patent Assertion Entities

Three years ago, the Federal Trade Commission announced a study of “patent assertion entities” (“PAEs”): “businesses that acquire patents from third parties and seek to generate revenue by asserting them against alleged...more

Supreme Court Denies Cert To Review 2d Cir. Stoli Decision

The Supreme Court denied review of the 2d Circuit decision on the Stolichnaya trademark....more

Retailers: Embrace Virtual Reality Now (But Also Be Careful)!

We’ve previously addressed the hype that it is only a matter of time until brick and mortar retail succumbs to its online competitors. While we concluded that brick and mortal retail is not in danger of immediate extinction,...more

“Gist of Action” Doctrine: Don’t Contract Away Your Misappropriation Claim

The “gist of action” doctrine. Heard of it? Well, if you are dealing with Pennsylvania law, you need to know it. The “gist of action” doctrine asks whether the “gist” of a suit sounds in tort or contract. When applied to a...more

Army Ammunition Goes Green and Infringement Free

In a patent infringement action against the US Army for its use of lead-free “green bullets,” the US Court of Appeals for the Federal Circuit concluded that the trial court erred in broadly construing a term of degree and the...more

Part 6 of Reviewing Third Party Vendor Service Contracts, a Seven Part Guide

This is part 6 of a Seven Part Guide to reviewing vendor contracts. Ownership of Trademarks, Copyrights, Patents and Other Trade secrets, Source Code escrow Agreements. Typically, each party should own its...more

The Trademark Board Cancels the Trademark Registration for HOPNOTIC Beer

In another disappointment to the beer brewing industry, the Trademark Trial and Appeal Board canceled a trademark registration for the mark HOPNOTIC for beer on the basis that it is confusingly similar to liquor brand...more

What U.S. companies need to know about their IP rights post-Brexit

On June 23, 2016, the British public voted in a referendum in favour of the U.K. withdrawing from the EU. For now, the U.K. is still very much part of the Union: the U.K. Government has not yet given formal notice of its...more

U.S. v. Broadcast Music Inc. - USDC, S.D.N.Y., September 16, 2016

District court overrules DOJ’s interpretation of 75-year-old music industry consent decree, finding it neither bars issuance of fractional licenses for music nor requires BMI to issue full licenses. Broadcast Music Inc....more

September 2016: EU Litigation Update

Brexit, Jurisdiction, and Choice of Law: Plus Ça Change? For lawyers schooled in the idioms of Brexit, there is, in addition to the so-called “four freedoms” (for the free movement of goods, services, people and capital...more

Tokyo Dispute Resolution & Crisis Management Newsletter – September 2016

A Sleeping Sword – Protection for Japanese Corporations Investing Outside of Japan - A Guide to International Investment Agreements - Introduction - Over the past twenty years, International Investment...more

EU Court Confirms European Commission’s Decision on Pay-for-Delay Agreements

On 8 September 2016, the General Court of the European Union upheld the European Commission’s decision in which the antitrust regulator imposed fines of approximately EUR 150 million on Lundbeck and a number of generic...more

New Federal Law Protects Trade Secrets

A company’s trade secrets are its lifeblood, but they are valuable only if they remain secret. Faced with a growing rise in theft from foreign hackers, nation states, and rogue employees, trade secret owners now have a new...more

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