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Whoomp! There It Is: A Copyright Judgment Creditor’s Final Recovery

by Dorsey & Whitney LLP on

24 years after Tag Team’s hit song “Whoomp! (There It Is)” topped the charts, a long and ugly dispute regarding ownership rights to the song and related copyright infringement damages has been settled in bankruptcy court. The...more

Flawed Consumer Survey Wipes Out $54 Million Verdict in Trademark Infringement Dispute

by Dorsey & Whitney LLP on

In trademark infringement cases, consumer survey evidence can be a powerful tool. It can also badly malfunction, as Black & Decker recently experienced. ...more

Biogen to Pay Forward $1.25 Billion in Settlement

by Knobbe Martens on

Forward Pharma A/S (“Forward”) recently announced that a necessary super majority of its shareholders have approved a settlement of various patent disputes with two wholly-owned subsidiaries of Biogen Inc. (“Biogen”) in which...more

Intellectual Property Newsletter - November 2016

by Shearman & Sterling LLP on

Patent Venue at the Supreme Court - If TC Heartland has its way, patent venue law is about to fundamentally change. Factual Background - Kraft sued TC Heartland, a limited liability company organized...more

The Underwear Heist

by Murtha Cullina on

On September 20, 2016, Intimateco, LLC filed suit against Bliss Lingerie Corp., its founder – the former Intimateco Vice President of Operations – and related parties for trademark and copyright infringement, and related...more

New Federal Law to Require Immediate Change to Agreements Governing Trade Secrets

by Morgan Lewis on

The new federal trade secret law will likely require immediate action for all businesses that use trade secrets or other confidential information. The Defend Trade Secrets Act of 2016 (DTSA), which is expected to be...more

Congress Considers Landmark Trade Secret Reforms

by Morgan Lewis on

If enacted, the legislation would represent the most significant trade secret reform in many years. Major federal trade secret legislation is receiving strong bipartisan support and consideration in the US Congress. The...more

Infringement Case Shows Difficulty of Protecting Intellectual Property

by Knobbe Martens on

KFx Medical Corp. filed its patent applications like any startup would and with the same goal: protecting its intellectual property. Sometimes, that’s not an easy thing to do, especially if the infringing company is...more

Congress Introduces New Legislation To Halt Patent Trolling

Are patent trolls hurting your business’ bottom line? Whether you are a large publicly traded company or a small privately owned business, you’re not alone. Patent trolls are targeting businesses across the spectrum,...more

Utah Supreme Court Lays Out Pro-Plaintiff Presumption of Harm Standard in Trade Secret Cases

by Seyfarth Shaw LLP on

The Utah Supreme Court recently issued a significant decision laying out a presumption of harm evidentiary standard in trade secret cases, which will be very useful for plaintiffs seeking injunctive relief in cases involving...more

Ninth Circuit Honors Canadian Business Law’s Exclusive Remedy Provision

The US Court of Appeals for the Ninth Circuit recently affirmed dismissal of a counterclaim for breach of fiduciary duty brought under Section 242 of the Alberta Business Corporations Act (ABCA), finding that only an Alberta...more

Derivative Action Stayed Pending $228.9M Appeal

by Morris James LLP on

When a company receives an adverse judgment holding it responsible for hundreds of millions in damages, shareholder derivative suits often follow. A typical claim is that had the board exercised proper oversight, the company...more

What Does the Supreme Court Ruling in Alice v. CLS Mean to a Software Entrepreneur?

by Fenwick & West LLP on

The Supreme Court’s ruling against broadly claimed software patents in Alice Corp. v. CLS Bank leaves many questions on patent eligibility unanswered, which means the controversy and confusion over the scope of patent...more

SST Records, Inc. (Ginn) v. Henry Rollins [Black Flag trademark case]

Complaint for Trademark Infringement and related claims

by Ian Imrich on

See, Black Flag's Greg Ginn Loses Injunction Against Keith Morris' FLAG Meanwhile, court determines that Henry Rollins never quit the band. ...more

US v. Pokerstars, et. al. (Absolute Poker)

STIPULATION AND ORDER OF SETTLEMENT WITH RESPECT TO ABSOLUTE POKER

by Ian Imrich on

STIPULATION AND ORDER OF SETTLEMENT WITH RESPECT TO ABSOLUTE POKER: IT IS HEREBY STIPULATED, ORDERED AND AGREED, by and between Plaintiff United States of America, by its attorney Preet Bharara, United States Attorney,...more

Your Band is Your Business

by Evan Pappas on

Often overlooked with the emerging entrepreneurial spirit amongst musicians, are the mundane (but necessary) legal matters associated with managing their own career. Remember, your band is your business. Treating it like your...more

Think About Copyright Registration for That New Website Before You Even Hire the Web Developer

by Evan Pappas on

Many businesses fail to recognize that their original website content is valuable intellectual property and fail to take steps to adequately protect that content from being stolen or misused by a competitor. With little cost...more

Washington’s Increased Counterfeiting Prosecutions May Signal It’s Time to Reconsider Your Company’s IP Enforcement Strategy

Originally published in InsideCounsel.com on July 25, 2012. Introduction - Intellectual property crimes are on the rise because they are highly lucrative and historically there has been little criminal enforcement...more

Ten Simple Legal Rules for Business Owners

by Ryan Siney on

Follow these ten simple rules to avoid or reduce potential legal liability. ...more

Protecting Your Trademark in the UAE

Most company executives often focus on setting up businesses in new jurisdictions, expanding an existing business or improving the quality of their goods or services. However, they often overlook the critical need to protect...more

"Delaware Corporations May Be Able to Transfer Patent Cases Out of Delaware District Court More Easily"

In a recent precedential decision, the Federal Circuit granted mandamus relief and ordered the transfer of a patent case from Delaware, the defendant’s state of incorporation, to the Northern District of California. In re...more

Non-Competition Agreements: What to Discuss with Your Lawyer - Part 2 of 2

by Dentons on

This is Part 2 of a two-part entry setting out some of the basic considerations for startups relating to using non-competition agreements. You can find Part 1 here. This part raises some considerations for you and your lawyer...more

Non-Competition Agreements: What to Discuss with Your Lawyer - Part 1 of 2

by Dentons on

This entry and the next will discuss a fairly difficult question for startups. That is whether to ask co-founders, executives and employees to sign non-competition (or non-compete) agreements with your company. While the next...more

TRO Issued Enjoining Breach Of Non-Compete Agreement Clauses

by Allen Matkins on

California Business and Professions Code Section 16600 provides that “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” As discussed in...more

IP Update, Vol. 14, No. 6, June 2011

by McDermott Will & Emery on

In This Issue: Patents: Supreme Court Affirms Clear and Convincing Standard of Patent Invalidity Proof; Actual Knowledge an Element of § 271(B) Inducement, but Willful Blindness Will Suffice; Even Under Bayh Dole,...more

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