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New Year’s Resolution: Get a Handle on Intellectual Property

Every business relies on intellectual property, whether it is created by the business or licensed from third parties. It is embodied in software, branding, marketing content, proprietary processes and the everyday work...more

Derivative and Secondary Liability for Copyright Infringement: Knowledge vs. Control

One may be liable for copyright infringement by another under theories of contributory infringement or vicarious infringement. Where there are multiple infringers of a copyright, all infringers are jointly and severally...more

Clandestine Use of Competitor’s Trademark and ‘Initial Interest Confusion’ Infringement

Businesses use several advertising tactics. Most are clearly presented to potential consumers in traditional ways such as text on a web page, posters, mailings, brochures, etc. Alternatively, some tactics to increase exposure...more

Nevada Federal Court Denies Antitrust Conspiracy Based on Use of a Pricing Algorithm

In what will be one of the most important decisions in antitrust since the proliferation of algorithm software, on May 8, 2024, Chief Judge Miranda Du of the United States District Court, District of Nevada, granted the hotel...more

The Importance of a Work Made For Hire Agreement

It is ideal for a business to employ policies and strategies to own intellectual property, not merely to receive an assignment or license thereto. One tool for doing so is to ensure that copyrightable works are created under...more

Should Nevada Employers Revise Non-Compete Agreements in Light of Amendment to NRS 613.195?

Many technology and non-technology employers require employees having access to proprietary and sensitive information to sign contractual agreements not to compete during and when their relationship terminates. This...more

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