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Trade Secrets Copyright

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -

Top Ten Urban Legends of Intellectual Property

1. Poor Man’s patent/copyright: mail yourself a copy of what you want protected and don’t open it.The sealed information can then be used to prove ownership of the intellectual property contained in it. While this may...more

Why Should Startups Care About Intellectual Property?

by Varnum LLP on

Sales…marketing…revenue…getting more customers…growing my company – these are all at the top of the mind of startups and early stage companies and rightfully so, because without revenue, there will be no company. However,...more

Intellectual Property Strategies for Startups

by Revision Legal on

One of the toughest things about being a new and struggling startup is that funds can be incredibly limited, so you have to carefully assess how to use the precious resources you have most effectively...more

Glimmers of Justice Gorsuch’s Prospective IP Jurisprudence

by Snell & Wilmer on

On April 10, 2017, Neil Gorsuch was sworn in as the 113th justice of the Supreme Court, filling the vacancy left by Justice Antonin Scalia. While on the Tenth Circuit, Justice Gorsuch wrote opinions on complex trade secret,...more

Supreme Court Denies Petition for Writ of Certiorari Over Sino Legend’s Trade Secret Theft Challenge

by King & Spalding on

On January 9, 2017, the Supreme Court denied the petition for writ of certiorari submitted by Sino Legend Chemical Co., Ltd. (Sino) in litigation stemming from SI Group, Inc.’s (SI) Section 337 complaint. In a Section 337...more

Intellectual property: when you don’t know what you have

by Snell & Wilmer on

Does my company have any material intellectual property (IP)? If so, what is it, and how do we protect it? Unfortunately, often businesses cannot correctly answer these questions, failing to recognize valuable IP rights...more

Key Takeaways: IP 101 for Non-IP Counsel

Kilpatrick Townsend Partner Allisen Pawlenty-Altman and Associate Kate Gaudry Ph.D. recently participated in an interactive panel — “Technology and IP Forum: IP 101 for Non-IP Counsel” — presented by the National Capital...more

Intellectual Property Bulletin - Winter 2017

by 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...more

Misappropriation Versus the Copyright Act: Round 2 in the Fifth Circuit

A few months ago, Trade Secrets Watch covered the GlobeRanger Corp. case in which the Fifth Circuit joined 10 other circuits in determining that the Copyright Act does not preempt state trade secret misappropriation claims....more

The New Joint DOJ/FTC Antitrust Guidelines for the Licensing of Intellectual Property

On January 12, 2017, the U.S. Department of Justice and the Federal Trade Commission released updated Antitrust Guidelines for the Licensing of Intellectual Property (the “Guidelines”). These Guidelines replaced those issued...more

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

Obama Administration Antitrust Enforcers Take Last-Minute IP Licensing Actions

by Holland & Knight LLP on

As the Obama Administration drew to a close, its antitrust enforcers took two actions of note for those involved in intellectual property (IP) licensing. The first, the joint release by the U.S. Department of Justice (DOJ)...more

IP holding companies offer potential added protection benefits

by McAfee & Taft on

Protecting intellectual property — from theft or misappropriation, infringement, or even from potential creditors and judgments — is a chief concern among businesses large and small and can be accomplished in a variety of...more

Avoiding Disaster - the Importance of an Intellectual Property Protection Plan for Breweries, Wineries and Distilleries

by Miles & Stockbridge P.C. on

An effective intellectual property protection strategy is vital for almost every business, but is perhaps even more important for businesses such as breweries, wineries and distilleries where much of their product...more

Intellectual Property Bulletin - Fall 2016

by Fenwick & West LLP on

Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

Federal Copyright Law Does Not Preempt Trade Secret Claim

by McDermott Will & Emery on

Addressing issues of preemption, the US Court of Appeals for the Fifth Circuit affirmed the district court’s decision that federal copyright law did not preempt the plaintiff’s trade secret claim because trade secret claims...more

Federal Copyright Preemption of State Law Claims – Still a Powerful Defense Tool in Commercial Litigation

by Fish & Richardson on

Recently our colleagues Natalie Arbaugh and Rex Mann discussed the Fifth Circuit’s decision in GlobeRanger Corp. v. Software AG USA, Inc., 2016 WL 4698270 (5th Cir., Sept. 7, 2016), focusing on the Court’s discussion of the...more

FRANCHISOR 101: Original Content Needed to Protect Ops Manuals

by Lewitt Hackman on

An important part of the franchise system is the confidential operating manual. Many franchisors claim protection of operating manuals under the law of trade secrets and copyright. Keeping the contents confidential is...more

Intellectual Property Overview For Agribusiness

by Buchalter on

A company’s greatest assets may be its intellectual property. Properly protecting such assets then may be the key to continued success. Below are some questions to consider as a health check for your IP assets. 1....more

How BREXIT Will Affect Intellectual Property

by Weintraub Tobin on

As everyone knows, in June, the United Kingdom passed the BREXIT referendum (driven by British voters), voting to exit the European Union. What affect does BREXIT have on intellectual property rights in the United Kingdom...more

Protect Your Intellectual Property or Else

by Varnum LLP on

With an increasingly competitive marketplace challenging traditional business models, protecting intellectual property in the automotive industry has never been more vital. Among a business's most valuable assets are the four...more

Antitrust Agencies Propose Updates to IP Licensing Guidelines and Invite Comments

by Proskauer Rose LLP on

In 1995, the Federal Trade Commission and the Department of Justice first issued the Antitrust Guidelines for the Licensing of Intellectual Property. They represent the antitrust enforcement policy of the agencies with...more

Intellectual Property Bulletin - Summer 2016

by 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

MoFo IP Newsletter - August 2016

by Morrison & Foerster LLP on

Supreme Court Abolished Federal Circuit's Test for Willfulness - On June 13, 2016, in Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the Supreme Court unanimously abrogated the Federal Circuit’s...more

Introduction to IP: Some Basics of Patents, Trademarks, & Trade Secrets

by Knobbe Martens on

What is “Intellectual Property” (IP)? •Exclusive Rights to Certain Intellectual Products (Ideas) –Necessary due to the “non-rivalrous” nature of ideas: •“He who receives an idea from me, receives instruction...more

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