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Intellectual Property General Business

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

Why Start-Ups Should Consider Trademark Registration (and what is the difference between TM and ®)

by Bryan Cave on

Trademarks identify the source of goods and services, and distinguish them from those manufactured, sold or offered by others. Trademarks represent quality assurance and the goodwill of a business....more

Best in Law: How to Keep Business Secrets Secret - Partner D. Brian Reider Writes About NDAs for the Press-Enterprise

by Best Best & Krieger LLP on

Sooner or later, every business encounters the same problem: A situation arises where vital, confidential information must be disclosed to someone outside the company. It may be the result of a negotiation over the possible...more

Who Owns That Trademark - The Manufacturer or the Exclusive Distributor?

by Dorsey & Whitney LLP on

The Court of Appeals for the Third Circuit, with a ringing endorsement of Prof. McCarthy’s trademark law treatise, issued a precedential opinion last week on the issue of whether a trademark is owned by the manufacturer or...more

Can Renting Be a Sale After Importation?

by Jones Day on

We previously wrote about the ITC’s determination in Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing the Same, Inv. No. 337-TA-1010 that renting accused products after importation does...more

SOUR GRAPES: Fig Spread Verdict Under DTSA Doesn’t Stick, Argue Jam Company Defendants

In a dispute over ripped off recipes, counsel for victorious plaintiff Dalmatia Import Group hailed the jury verdict as the first of its kind under the Defend Trade Secrets Act, as we previously reported. Not so fast, sulked...more

Brexit – the end of parallel imports from the UK?

by Hogan Lovells on

The United Kingdom's unprecedented vote to leave the EU will undoubtedly cause a broad range of legal issues in the future. This post focuses on the consequences of Brexit on parallel imports - a field of significant...more

Social Media Showdown II

by Sherman & Howard L.L.C. on

TheBlaze, Inc. and Glenn Beck (collectively “TBI”) have squared off against Tomi Lahren over a Facebook page. As reported earlier, Lahren sued TBI, claiming among other things, that they were blocking her access to social...more

4 Tips to Protect Textile Innovations

Is innovation a key component of your business plan? Will you distinguish yourself with unique product offerings? Whether protecting our men and women in uniform, advancing the treatment of medical conditions, or adding to a...more

Craigslist Garners $60 Million Judgment against Radpad in Scraping Dispute

For years, craigslist has aggressively used technological and legal methods to prevent unauthorized parties from violating its terms of use by scraping, linking to or accessing user postings for their own commercial purposes....more

[Webinar] Internet of Things: Patent Liability, Enforcement, and Licensing - May 4th, 10:00am EDT

The Internet of Things (IoT) pulls together thousands of devices to deliver solutions reminiscent of the Jetson’s futuristic utopia. From wearables, to smart cities, to smart environments, IoT spans the entire globe and the...more

When is a Duck a Goose, or a Ham a Brand?

Every once in a while, the word “brand” appearing on product packaging surprises me, because my earlier understanding of the word preceding it spells generic, not brand....more

Deorbiting Your Own Intellectual Property Fight

Ponder, for a moment, the following hypothetical. You develop specialized technology for in-orbit robotic satellite assembly, repair and servicing. You store the technology at a theoretically secure customer site—a NASA...more

3 Top Takeaways: Modern Protection of Business Interests

Kilpatrick Townsend Partner Audra Dial recently joined other dignitaries to speak about “Business Law in the 21st Century” at the 2017 Dean Robert J. D’Agostino Symposium presented by the John Marshall Law Journal. Ms. Dial’s...more

Restrictive Covenants Can Swing Both Ways: A 3-Step Plan To Avoiding Legal Risks When Onboarding New Employees

by Fisher Phillips on

Employers have been using restrictive covenant agreements – contracts that contain non-compete, customer non-solicitation, employee non-solicitation, or non-disclosure of confidential information – with increasing frequency...more

Navigating the Lifecycle of an Eponymous Brand (Part 2)

In this three-part series, we identified at least three distinct seasons in the lifecycle of an eponymous brand: (1) Choosing the Brand, (2) Commercialization, and (3) Legacy of the Brand. In Part 1, we discussed "Choosing...more

France Becomes an Attractive Forum for Antitrust Follow-On Damages Claims

by Reed Smith on

Companies often associate competition rules with public enforcement. However, competition law can also be a source of compensation. The new French Order and Decree, which together implement Directive 2014/104/EU on actions...more

Opportunity May Not Knock Without the Right Door

When seeking particular services, consumers are often drawn into a business based on branding and advertising found near the location – whether by signage on or around the establishment, or by glimpses of the services being...more

Fifth Circuit Holds that Unpatented Products Can Be Given Patent-Like Protections by Contract

by Liskow & Lewis on

In a breach of contract case involving the overlay of intellectual property and contract law, Luv n’ care, Ltd, a global leader in the design and sale of baby products, filed suit against its former distributor, Groupo Rimar,...more

Protecting Your Copyright Is Both Easier and Harder Than You Think

by Fox Rothschild LLP on

One of the ironies in the business world is that the foresight and planning that goes into a creative work is often left behind when it comes to the subsequent protection of these efforts. Copyright protection is a concept...more

Boletín Mensual de Comercio Internacional: Marzo

by Holland & Knight LLP on

Información con énfasis en la Regulación Comercial y de Arbitraje Internacional - Durante el mes de marzo destacan los siguientes temas: Comercio, Acceso, Propiedad Intelectual, Inversión Extranjera, Arbitraje -...more

Key IP Questions For Emerging Businesses

Are you starting a new company or business venture? Launching an exciting new product or expanding into a new business line? Congratulations. Just remember, if you wind up with a high-growth opportunity, it can often pay big...more

Renting is Not a Sale After Importation

by Jones Day on

On April 3, 2017, the Commission issued a Notice in Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing the Same, Inv. No. 337-TA-1010 determining not to review Judge Lord’s finding of no...more

Grey Marketing – Still Not Black and White in Canada

by Smart & Biggar on

Grey marketing, sometimes referred to as “parallel importation”, is the diversion of goods, originally intended for sale only in certain countries, to other countries where they were not intended to be sold. The goods are not...more

U.S. Supreme Court “Clarifies” Multi-Component Indirect Infringement

by Dickinson Wright on

In the recently decided case of Life Technologies Corp. v. Promega Corp., 580 U.S. __ (2017), the Supreme Court evaluated when a party that provides some part – but not all – of a patented invention can be liable for induced...more

Tips For Non-Disclosure Agreements With Chinese Companies

by Fox Rothschild LLP on

In a previous post on IP Spotlight, I provided a few tips for negotiating non-disclosure agreements. In the post, I noted that a “form” NDA should only be considered a starting point. The parties should modify it as...more

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