Misappropriation

News & Analysis as of

NFL Films Ruling Blurs Right of Publicity

Earlier this year the Seventh Circuit stated that “there is no judicial consensus on how to resolve conflicts between intellectual-property rights and free-speech rights.” Jordan v. Jewel Food Stores, Inc., 743 F.3d 509, 514...more

Gangster Or Not

As a huge fan of gangster movies, I was intrigued by a recently filed lawsuit in California. Although I am familiar with actor Frank Sivero’s work in “The Godfather: Part II” and in “Goodfellas”, I am not familiar with the...more

Court Crushes Krush’s Motions for Preliminary Injunction on Patent Infringement and Trade Secret Misappropriation

Krush Communications, LLC (“Krush”) brought suit in New Jersey in 2013 against Lunex Telecom, Inc., a Georgia corporation (“Lunex”), for patent infringement and misappropriation of trade secrets. ...more

Fee Shifting in Trade Secrets Cases

A number of states, including Tennessee, have adopted the Uniform Trade Secrets Act (“UTSA”). A court may award attorney’s fees, if: - A claim of misappropriation is made in bad faith; - A motion to terminate an...more

This Week In Securities Litigation

Rengan Rajaratnam settled his insider trading case with the SEC this week, consenting to the entry of a permanent injunction and agreeing to pay disgorgement, prejudgment interest, a civil penalty and to be barred from the...more

Legal FAQ: Section 337 Investigations Before the International Trade Commission

What types of intellectual property claims can be brought before the International Trade Commission? - The U.S. International Trade Commission (“ITC”) investigates claims of unfair competition under Section 337 of the...more

Trade Secrets Cases In The NC Business Court: You Show Me Yours Before I'll Show You Mine

There's a new roadblock for plaintiffs in the Business Court suing over trade secrets. It was imposed last week by Judge Bledsoe in DSM Dyneema, LLC v. Thagard, 2014 NCBC 50, and it bars the plaintiff from proceeding with...more

Converse: Stomping Out Counterfeits through Int’l Trade Commission Proceedings

Earlier this week, Converse launched an all-out offensive to combat what it considers counterfeit and knock-off versions of its Chuck Taylor All-Star line of sneakers. Reports peg the number as at least 22 separate lawsuits...more

Order Pierces Allegations Unsupported By Receivable Evidence In Granting Summary Judgment To All Parties In IP Dispute

In 2011 EarthCam, Inc. (“EarthCam”) brought suit against Richard Hermann (“Hermann”), OxBlue Corporation, Chandler McCormarck, John Paulson, and Brian Mattern (collectively “OxBlue”) asserting corporate espionage to...more

What You Need to Know About Trade Secret Law Now

Recent legal developments have made it more difficult to obtain and enforce some patents including, in particular, medical diagnostics and software-implemented technologies. Because of these patent law changes, a wide...more

Federal Trade Secrets Protection — Finally Something Both Parties Can Agree On

In recent months, two bipartisan bills have been introduced in Congress providing for a Federal civil remedy for trade secret misappropriation — the Defend Trade Secrets Act , introduced in the Senate in April, and the Trade...more

Hallmark Cards Awarded $47 Million for Misappropriation of Four-Year-Old Market Research

The number of data theft/trade secret cases that go to trial is growing, as are the size of the verdicts. For example, the Eighth Circuit Court of Appeals recently upheld a $47 million total recovery for Hallmark Cards for...more

Executing Noriega?

As some of you may recall, I posted about a lawsuit Manuel Noriega brought against purveyors of the Call of Duty video game franchise arising from his depiction in the game. In essence, I suggested that Noriega’s lawsuit was...more

To Sue for Theft of Your Trade Secrets in California, You May First Have to Give Them Away

California trade secret litigators likely know all about California Code of Civil Procedure Section 2019.210. Those that don’t, should. Section 2019.210 provides that before commencing discovery in a trade secret...more

Employee’s LinkedIn Contacts Once Again Become Focus of Trade Secrets Claim

Following up on the piece I wrote with Jim Ninivaggi, “Whose LinkedIn Profile is it Anyway,” the information contained in an employee’s LinkedIn contacts were discussed in the context of trade secrets in a recent California...more

Popular Frauds - protect your organization

One Fraud... Two Fraud... Three Fraud... No organization wants to wake up to find themselves suddenly the center of unexpected liability or unwelcome scrutiny due to fraud. Fraud costs organizations more if it's...more

Misappropriation of Trade Secrets Warrants an Ongoing “Reasonable Royalty”

Sabatino Bianco, M.D., v. Globus Medical, Inc. - Comparing and contrasting Texas trade secret law to jurisprudence relating to patent infringement damages, the U.S. District Court for the Eastern District of Texas held...more

Greetings! Use of the PowerPoint Is Trade Secret Misappropriation

Hallmark Cards, Inc. v. Monitor Clipper Partners, LLC - The U.S. Court of Appeals for the Eighth Circuit affirmed a district court’s decision holding that a private equity firm had misappropriated confidential...more

Better Describe Trade Secret If You Want to Protect It

New Castle Beverage, Inc. v. Spicy Beer Mix, Inc. - In an unpublished opinion, the Court of Appeal of the State of California’s Second Appellate District affirmed the lower court’s denial of a preliminary injunction...more

This Week In Securities Litigation

The Commission prevailed on summary judgment in an action against a broker which alleged he misappropriated client funds. The agency also filed actions centered on: an audit failure; the EB-5 immigration program; undisclosed...more

Tennessee Adopts Expansive Trade Secret Preemption Standard

In a case of first impression decided August 19, 2014, the Tennessee Court of Appeals has decided the standard for determining the scope of preemption under the Tennessee Uniform Trade Secrets Act (TUTSA). The court adopted a...more

Printing Company Receives Favorable Verdict Against Former Partner

Analysis Group client MacDermid Printing Solutions (MacDermid) was awarded $35.4 million by a Connecticut federal jury in its antitrust, breach of contract, and trade secrets theft suits against its former business partner,...more

Occupational Fraud Costs Global Businesses an Estimated $3.7 Trillion

Organizations lose approximately five percent of their revenue each year to internal theft and fraud, according to the Association of Certified Fraud Examiners' (ACFE) recent Report to the Nations on Occupational Fraud and...more

You May Have Stolen the Advertising Database, But You Still Have No Advertising Idea

In Liberty Corporate Capital Ltd. v. Security Safe Outlet, 2014 WL 3973726 (6th Cir. August 15, 2014), the Sixth Circuit Court of Appeals held that where a stolen customer database is used as the basis of an advertising...more

Delaware Court Finds Password Protection for Electronic Documents Insufficient to Preserve Trade Secrets

Key questions in most trade secret cases are whether information was misappropriated and whether that information qualified as a trade secret in the first place. Under the Uniform Trade Secrets Act’s definition of a trade...more

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