2013 will be remembered as a watershed year for trade secret protection in China.
In January 2013, China’s Amended Civil Procedure Law came into force, giving courts discretion to issue interlocutory injunctions (1)...more
Garcia v. Google, Inc. -
USCA Ninth Circuit, February 26, 2014 -
In Depth -
Ninth Circuit panel rules that Google must remove Innocence of Muslims video from YouTube, concluding that plaintiff actress,...more
The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to...more
In yet another chapter in the epic saga regarding use of the musical group name “The Platters,” the U.S. Court of Appeals for Ninth Circuit overturned precedent by finding that irreparable harm must be proven in trademark...more
The Ninth Circuit’s recent decision in Herb Reed Enterprises, LLC v. Florida Entertainment Management Inc. increases the burden on trademark plaintiffs seeking preliminary injunctions. The case is the first decision from a...more
Herb Reed Enters., LLC v. Fla. Entertainment Mgmt., USCA, Ninth Circuit, December 2, 2013 -
Ninth Circuit reverses district court’s ruling that enjoined entertainment company from using “The Platters” mark for vocal...more
Ending years of uncertainty and division among district courts, the Ninth Circuit recently ruled that a trademark plaintiff must establish a likelihood of irreparable harm to obtain a preliminary injunction in a trademark...more
Reversing decades of precedent, on Monday the Ninth Circuit ruled that trademark owners no longer enjoy a presumption of irreparable harm when seeking a preliminary injunction. As we wrote last year, the presumption of...more
A breach of fiduciary duty by the Defendants resulted in a sweeping preliminary injunction in an Order entered by the Business Court last Friday, in Esposito v. Esposito....more
In This Issue:
*News From the Bench
- Enough Already, Supreme Court Tells Petitioner in Mythology-Laced Opinion.
- Divided Fed. Circuit Affirms Patentability of Claims to a 12-Can Dispenser...more
[A] finding of no competition for the purpose of irreparable harm conflicts with the clear finding of competition for the purpose of awarding damages.
On December 19, 2012, in Presidio Components, Inc. v. Am. Tech....more
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