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Is an Arrangement of Source Code Protectable?

Compulife Software, Inc. v. Newman, No. 21-14071, 2024 WL 3611013 (11th Cir. Aug. 1, 2024) - On August 1, 2024, the Eleventh Circuit Court of Appeals issued a ruling that affirmed a trade secret claim, but reversed and...more

DraftKings Wins Alice/Mayo Wager at Federal Circuit 

Beteiro, LLC v. DraftKings Inc., No. 2022-2275, 2024 WL 3077636 (Fed. Cir. June 21, 2024) - On June 21, 2024, the Federal Circuit affirmed the District Court for the District of New Jersey’s dismissal of Beteiro, LLC’s...more

Supreme Court Rules: Elster Can Say "Trump Too Small" But Can't Trademark It!

Vidal v. Elster, 602 U.S. (2024) - In a landmark decision affirming longstanding principles of trademark law, the United States Supreme Court ruled that the Lanham Act’s names clause does not violate the First Amendment,...more

Allegedly Infringing Product Continues to be on Clinical Trial RaDaRs 

Rs Natera, Inc. v. NeoGenomics Laboratories, Inc., 23-cv-00629 (M.D.N.C. 2023) - How should courts resolve patent infringement disputes where patients rely on allegedly infringing treatments? The U.S. District Court for...more

Zealous Advocacy or Objectively Baseless: A Cautionary Tale  

In re PersonalWeb Techs. LLC, No. 2021-1858, 2023 WL 7267010 (Fed. Cir. Nov. 3, 2023) - The consequences of pushing zealous advocacy beyond reasonable limits can be severe.  A recent Federal Circuit decision illustrates...more

The Functionality Bar is “Low” Hanging Fruit  

Choose your trade dress carefully, if the design as a whole has any function, your trade dress may be invalid. On September 7, 2023, the Third Circuit held that a candy’s trade dress consisting of a wedge shape with red,...more

WallStreetBets Gets Owned . . . By Reddit

Who owns the trademark to a subreddit name? This week, the United States District Court for the Northern District of California (the “Court”) considered the issue in an opinion dismissing each of Plaintiff Jaime Rogozinski’s...more

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