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Jack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to Reverse Itself

In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not...more

Home of the Free, Land of the Waive? Patent Waivers in the Time of COVID-19

Over a year after the world shut down from the COVID-19 pandemic, many countries are beginning to see the light at the end of the tunnel that is a return to normalcy. Unfortunately, other countries are still deep in the...more

Webcast Title Using Trademarks of Another Deemed Nominative Fair Use

The Ninth Circuit Court of Appeals recently held that the title of a webcast, which included two trademarks belonging to another party, constituted nominative fair use, which protected the defendants from trademark...more

The Supreme Court to Consider Patent Infringement Damages Accrued Abroad

The Supreme Court has granted certiorari to consider whether damages for infringement of a U.S. patent include lost profits resulting from activities outside the U.S....more

Intellectual Property Ownership: when you don’t know what you DON’T have (Part I)

In our last communication entitled “Intellectual Property: when you don’t know what you have,” we explored how businesses often fail to recognize valuable IP rights they own, and therefore, fail to appropriately protect those...more

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

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

If the Defend Trade Secrets Act Becomes Law, How Will it Affect Trade Secrets in Arizona?

If enacted, the federal Defend Trade Secrets Act (“DTSA”) could change how some trade secret misappropriation claims are litigated in Arizona. Trade secret plaintiffs generally must bring claims for misappropriation in state...more

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