News & Analysis as of

Lanham Act Trade Secrets

ArentFox Schiff

Federal District Court Declines to Award ‘Bad Faith’ Fees for Party’s Failure to Sufficiently Identify Trade Secrets in Federal...

ArentFox Schiff on

Earlier this year, a federal district court judge in the Western District of North Carolina declined to award “bad faith” attorney’s fees under the Defend Trade Secrets Act (DTSA). See Design Gaps, Inc. v. Hall, No....more

Fish & Richardson

ITC Monthly Wrap-Up: November 2023

Fish & Richardson on

This month’s International Trade Commission wrap-up focuses on the circumstances in which a complainant can amend its complaint. In particular, on November 2, 2023, Administrative Law Judge Moore denied a complainant’s...more

Dorsey & Whitney LLP

Court Upholds “Monster” $293 Million Award But Declines to Award Monster Energy Company Exemplary Damages for Energy Drink...

Dorsey & Whitney LLP on

Last month, Vital Pharmaceuticals, Inc. (“Vital”), the manufacturer of the Bang energy drink, fell short in its post-trial challenge to a “monster” jury award in favor of Monster Energy Company (“Monster”). ...more

McDermott Will & Emery

Sorry—No Finality, No Injunction, No Appellate Jurisdiction

McDermott Will & Emery on

The US Court of Appeals for the Third Circuit dismissed an appeal from the denial of a motion under the Defend Trade Secrets Act (DTSA) for an ex parte seizure order, explaining that such orders are not final, not effectively...more

Foley & Lardner LLP

What Every Multinational Company Should Know About . . . Section 337 Cases at the International Trade Commission

Foley & Lardner LLP on

The United States International Trade Commission (ITC) is a fast-paced, high-stakes forum for companies with significant U.S. operations and/or U.S. intellectual property rights. Broad in scope, Section 337 empowers the ITC...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Trade Dress and Forum Non Conveniens

This week, the Court considers trademark protections for furniture and the enforceability of forum-selection clauses.  The Court affirms the district court’s decision holding a defendant liable for trade dress...more

Patterson Belknap Webb & Tyler LLP

Tenth Circuit Reverses, Finds Bakery’s Lanham Act Claim Under-Proofed

A common maxim in the service industry is that the customer always knows best. But a recent decision from the Tenth Circuit suggests that the maxim has its limits when it comes to interpreting ambiguous marketing claims.  In...more

Katten Muchin Rosenman LLP

'Fresh, Local, Quality' — How Unverifiable Opinions Evade False Advertising Claims | Kattison Avenue | Issue 8 - Spring 2022

For a consumer, the words "Fresh. Local. Quality." attached to a product might draw connotations of craft beer, artisan goods or farm-to-table restaurants. But could a competitor sue under the Lanham Act if those...more

BakerHostetler

AD-ttorneys@law - April 2022

BakerHostetler on

Trade Secret Case Unravels Unequal Fashion Partnership - Small designer Mrinalini accuses fashion giant Valentino of spying, stealing and worse. The Royal She - In high fashion, creative output is the whole game -...more

McDermott Will & Emery

Half-Baked Case: No Misappropriation or False Advertising Given Over-Broad Allegations

McDermott Will & Emery on

The US Court of Appeals for the Tenth Circuit affirmed a district court’s grant of summary judgment in favor of a defendant baker on a trade dress infringement claim and reversed the district court’s denial of the defendant...more

Holland & Knight LLP

SDNY Court: Claim Must Be "Wholly Without Merit" to be Entitled to Attorney Fees Under DTSA

Holland & Knight LLP on

Magistrate Judge James L. Cott of the U.S. District Court for the Southern District of New York recently recommended denial of a motion for attorneys' fees to a prevailing party under the Defend Trade Secrets Act (DTSA). The...more

Foley & Lardner LLP

New Types of Section 337 Investigations at the International Trade Commission

Foley & Lardner LLP on

Most Section 337 investigations allege violations of intellectual property (“IP”) based rights involving patent, registered trademark, or registered copyright infringement (“statutory IP claims”). In such cases, the...more

Foley & Lardner LLP

Section 337 and the New Trump Administration: Your Top Ten Questions Answered

Foley & Lardner LLP on

As shown by the recent announcement by the Trump Administration of a Section 232(b) national security review of steel imports, (a type of investigation that has not been used since 2001), there are a number of ways in which...more

McNees Wallace & Nurick LLC

Pennsylvania Jury Returns First Verdict Under Defend Trade Secrets Act

A Pennsylvania jury recently returned a verdict under the federal Defend Trade Secrets Act of 2016 (DTSA)—the first verdict of its kind in the country. In Dalmatia Import Group, Inc. et al. v. FoodMatch, Inc. et al.,...more

King & Spalding

ITC Section 337 Update – March 2017

King & Spalding on

Commission Reverses ALJ’s Dismissal Of U.S. Steel’s False Designation Of Origin Claim And Sets Hearing On U.S. Steel’s Antitrust Claim In Certain Carbon Steel; U.S. Steel Withdraws Trade Secret Theft Claim – 2017 has produced...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

Fenwick & West LLP on

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

McNees Wallace & Nurick LLC

McNees 2016 In Review – Trademarks, Copyrights and Patents

The year 2016 saw interesting and diverse developments in trademark, copyright, trade secret, and patent law. Not only has intellectual property news been in the headlines, but these areas have made it to the Supreme Court....more

Orrick - Trade Secrets Group

Baring It All: Judge Orders Swingers’ Club to Produce Email Distribution List

A recent case in the Southern District of Florida serves as a reminder that even trade secrets may be subject to production to opposing counsel. Magistrate Judge Jonathan Goodman recently ordered a defendant “swingers’” club...more

WilmerHale

Copyright and Trademark Case Review: The Slants, The Sims and SCAR Rifles

WilmerHale on

Supreme Court Agrees to Review Bar on Registration of Disparaging Marks, Denies Washington Redskins' Petition to Join Proceedings - Supreme Court Agrees to Review Bar on Registration of Disparaging Marks, Denies...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2016

Fenwick & West LLP on

Supreme Court Expands Discretion to Award Enhanced Damages for Patent Infringement and Eliminates the Federal Circuit’s ‘Seagate Test’ - In Halo Electronics, Inc. v. Pulse Electronics, Inc., the U.S. Supreme Court...more

Ladas & Parry LLP

2016: Developments in Intellectual Property Law You Should Know About

Ladas & Parry LLP on

This year the IP world will be brimming with changes, the largest of which will take place in the European Union. Sweeping reforms in EU trademark law will be implemented in March as well as the likelihood of the Unitary...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

The Global law firm Orrick, Herrington & Sutcliffe LLP takes great pride in announcing the Fall 2015 edition of The World in US Courts: Orrick’s Quarterly Review of Decisions Applying US Law To Global Business and...more

Katten Muchin Rosenman LLP

The Katten Kattwalk - Issue 08

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. Letter From the Editor - Fashion Week has come and...more

Proskauer Rose LLP

Third Circuit Rejects Presumption of Irreparable Harm for Injunctive Relief under Lanham Act

Proskauer Rose LLP on

Following a series of recent appellate decisions across the spectrum of intellectual property disciplines, including the fields of patent, copyright and trade secrets, the Court of Appeals for the Third Circuit has ruled that...more

Foley & Lardner LLP

New Federal Trade Secret Protections on the Horizon?

Foley & Lardner LLP on

Conspicuously absent in the quiver of arrows available to a business looking to take action against someone who has misappropriated or is threatening to misappropriate its trade secrets is a federal cause of action for...more

29 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide