News & Analysis as of

Cease and Desist

A Cease and Desist Letter Alone Does not Establish Personal Jurisdiction

In New World International, Inc. v. Ford Global Technologies, LLC, [2016-2097](June 8, 2017), the Federal Circuit affirmed the dismissal of New World’s declaratory judgment complaint for lack of personal jurisdiction over...more

All infringements aren’t equal

by Thompson Coburn LLP on

Are all copyright infringements created equal? Or should courts distinguish between different levels of intent, significance, and harm? Results in two recent cases suggest that circumstances have significant effects on...more

Shoe Maker Buscemi Sues J/Slides for Design Patent Infringement

by Knobbe Martens on

Buscemi, LLC (“Buscemi”) filed for a design patent on June 2, 2016. In March 2017, while the patent application was pending, Buscemi alleges that it became aware that Styleline Studios International and JSL Studio...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

Application Partially Voided Where Defendant Lacked Bona Fide Intent to Use Mark

by McDermott Will & Emery on

Addressing whether a trademark applicant must have a bona fide intent to use the mark in commerce with respect to all of the goods and/or services listed in the application, the US Court of Appeals for the Sixth Circuit...more

Artists’ Studios in East Hampton: “Cease and Desist”

by Farrell Fritz, P.C. on

East Hampton Town restricts the size of accessory structures to 600 s.f. (each) with no plumbing. However, because of a long history of artists in the Town (e.g., Pollock, Willem and Elaine DeKooning), an Artist’s Studio is...more

First Department Allows $45 Million Fraud Claim to Proceed Against Patriarch Partners

In Norddeutsche Landesbank Girozentrale v. Tilton, No. 651695/15, 2017 BL 55790 (App Div, 1st Dep’t Feb. 23, 2017), a divided panel of the Appellate Division, First Department, affirmed a Commercial Division order that denied...more

France: No requirement for a domain name to be distinctive in unfair competition claims

by Hogan Lovells on

In a decision of 6 December 2016, the French Supreme Court of the Judiciary (“Cour de Cassation”) provided a very useful clarification in relation to unfair competition claim (“concurrence déloyale”, a tortious action) based...more

Fictional restaurant wins trademark battle: The Krusty Krab

Who lives in a pineapple under the sea? If you know the answer to that theme-song question, you’ve probably seen, or at least heard of, the popular cartoon SpongeBob SquarePants. It is one of the highest-rated and...more

Craft Breweries Settle Beer Trademark Dispute

by Klein Moynihan Turco LLP on

This month, Orange County-based Bootlegger’s Brewery, LLC (“Bootlegger’s”) settled its beer trademark dispute and federal lawsuit with Louisiana’s Abita Brewing Company, Inc. (“Abita”). How can a craft brewery protect...more

Blog: Allergan Fined for Failure to Disclose Merger Negotiations with Third Parties During Hostile Bid

by Cooley LLP on

At what point do “discussions” with a friendly merger party become “negotiations” that are required to be publicly disclosed under the tender offer rules in response to a hostile bid? In a recent settlement of cease and...more

SEC and Drugmaker Allergan Reach Settlement over M&A Disclosure Violations

by Dechert LLP on

The U.S. Securities and Exchange Commission and drugmaker Allergan settled claims that Allergan failed to disclose negotiations with third parties following the announcement of a hostile tender offer by Valeant and co-bidder...more

Simple Steps to Help Keep Your Trade Secrets Safe

by Foley & Lardner LLP on

As illustrated by the recent lawsuit by America’s Test Kitchen against celebrity chef Christopher Kimball, companies in a variety of industries are vulnerable to losing their trade secrets....more

Forum Shoppers Beware (But Not in Alabama)!

by Fisher Phillips on

Since non-compete law can vary drastically by state, many employers who operate in a multistate environment can benefit from utilizing forum-selection and choice-of-law clauses. These clauses are intended to ensure employers...more

California Environmental Law & Policy Update - December 2016 #3

by Allen Matkins on

Environmental and Policy Focus - Trump picks Perry for top U.S. energy job - Reuters - Dec 15 - President-elect Donald Trump on Wednesday named former Texas Governor Rick Perry to head the U.S. Department...more

California DMV Demands Halt to Uber Autonomous Vehicle Testing

by Bryan Cave on

On December 14, 2016, Uber announced a highly publicized test of its autonomous vehicle technology on the streets of San Francisco. The test included rides for various politicians, including State Rep. Steve Glazer and...more

Celebrity Brands: The Line Between Fair Use and Infringement

by Jaburg Wilk on

All brand owners are faced with difficult decisions regarding how aggressively to police their brands. The decision is particularly difficult when the unauthorized use is by a loyal customer or fan. While some traditional...more

Who’s Watching (What) You Create?

by Winthrop & Weinstine, P.A. on

This past weekend, with what appears to be our first lasting snowfall, I enjoyed following my daughter around the chilly alleys of downtown Minneapolis while she created for her photography class. As you can see from the...more

Supreme Court May Cut Back Laches in Patent Infringement Cases

by Weintraub Tobin on

The United States Supreme Court is considering whether the doctrine of laches will bar a patent infringement claim filed within the Patent Act’s six-year damage limitations period set forth in 35 U.S.C. §286. The case before...more

IP Part 3: Enforcing Your Intellectual Property

by Varnum LLP on

"We are certainly flattered by your affection for the brand" - Christy Susman made news for her surprisingly kind words to Patrick Wensink, author of Broken Piano for President, in a cease-and-desist letter after...more

SEC Files Two Fraud Actions

by Dorsey & Whitney LLP on

The Commission filed two more “to good to be true” fraud actions yesterday. One centered on an offering fraud involving a recycling firm which repeatedly promised investors that it was about to obtain the financing that would...more

Job Seekers Become Offering Fraud Victims

by Dorsey & Whitney LLP on

Unemployed professionals thought they were being requested to appear for a job interview. On arrival they were solicited to purchase shares in a group of companies. In the end the the unemployed professionals were the victims...more

New Questions Raised by Judge Rakoff: Misuse of the ® Symbol and Literal Falsity Examined

by Dorsey & Whitney LLP on

Judge Rakoff is back at it in Classic Liquor Importers, Ltd. v. Spirits International, B.V. We previously blogged about the dangers inherent in sending a cease and desist letter without the concurrent appetite for...more

Using Pop Culture References in Advertisements? Just Do It Right

by Knobbe Martens on

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

SEC Brings Second Whistleblower Retaliation Case

The SEC has brought its second case for retaliation against a whistleblower against International Game Technology. According to the SEC, the whistleblower, a director of an IGT division, started working at IGT in 2008 and...more

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