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General Business Intellectual Property

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

On the Fundraising Circuit? NDAs are a Bad Idea; Do This Instead.

by Workman Nydegger on

I find that a lot of inexperienced entrepreneurs are concerned (borderline paranoid) about somebody stealing their idea. At some point, they heard whispers in the wind about this magical document called an NDA (Non-Disclosure...more

Have Christian Louboutin’s exclusive rights to red soles really been “kicked out” as some reports claim?

by Hogan Lovells on

The long-awaited Advocate General’s second opinion in Louboutin (C 163/16) was delivered in February. In a nutshell, Christian Louboutin sued Van Haren Schoenen BV for trade mark infringement in the Netherlands of its Benelux...more

Proving A Franchisor’s Irreparable Injury To Obtain A Preliminary Injunction

by Mulcahy LLP on

When a franchisor grants a franchise, it licenses, among other things, its trade name and business operating system. By doing this, the franchisor trusts its franchisees, area representatives, and sub-franchisors with its...more

Fashion Law Newsletter - March 2018

by K&L Gates LLP on

Style is something each of us already has, all we need to do is find it." – Diane von Furstenberg Welcome to our latest edition of Fashion Law where we provide you with the latest updates on legal issues affecting the...more

Cross-border parcel delivery – European Parliament approves the regulation proposal

by Hogan Lovells on

Some time ago now, the European Commission launched an initiative to improve transparency and regulate the cross-border parcel delivery sector as part of its aspiration to create a real Digital Single Market. Clearly, no...more

Good Vibrations, Bad Vibrations: American Axle v. Neapco Ruling

by Fenwick & West LLP on

In reading post-Mayo/Alice decisions, some seem more comfortable than others. I’ve been having a tough time getting my head and heart around a recent decision from Judge Leonard Stark of the District of Delaware. The case is...more

What’s In a Name: The Bell’s v. Innovation Trademark Naming Dispute

Selecting a unique, memorable, and descriptive name for your next beer release is becoming a daunting task in the increasingly-crowded craft brewing landscape. ...more

Unique Venue and Personal Jurisdiction Challenges of Foreign Corporations

by Foley & Lardner LLP on

In 2017, the Supreme Court rejected the Federal Circuit’s longstanding interpretation of Personal Jurisdiction and Venue in patent infringement actions against domestic companies. 28 U.S.C. §§ 1391, 1400; see TC Heartland LLC...more

What’s In A Name?: Issues With Naming Your Product And Company

by Husch Blackwell LLP on

Choosing a common or trendy name for your startup opens your company to risk. You might like the name “Company XYZ,” and you might think you’re the “Company XYZ” of your field, but “Company XYZ” might disagree with you. If...more

When Your Rebranding Gets “Stone”-Walled

Earlier this month, Stone Brewing Company (“SBC”), a craft brewery in Southern California, sued Molson Coors Brewing Company and MillerCoors LLC (together “MillerCoors”) for trademark infringement and related unfair...more

Food & Beverage Litigation Update | March 2018 #2

US, EU Near Agreement on Shellfish Trade - The U.S. Food and Drug Administration (FDA) has proposed to allow the import of raw bivalve molluscan shellfish—including clams, mussels, oysters and scallops—harvested in the...more

2018 Legal Trends: Cannabis

As part of our quarterly series on current trends across different industries, we first take a look at what’s on the horizon for cannabis. As the Canadian Cannabis Act works its way through Parliament, the Canadian cannabis...more

Proposed Trademark Classes for Cannabis-Related Marks in Doubt as California Allows Registration under Existing Classes

by Wilson Elser on

One year after Wilson Elser published an article comprehensively exploring “California’s Bill to Add Marijuana Trademark and Service Mark Classifications” and other cannabis brand-protection alternatives, the referenced bill...more

Applying A Law Of Nature To Getting Desired Results Does Not Confer Patent Eligibility

by Orrick - IP Landscape on

Order Granting Motion for Summary Judgment of Invalidity, American Axle & Manufacturing, Inc., v. Neapco Holdings LLC and Neapco Drivelines LLC, (D. Del. Feb. 27, 2018) (Judge Leonard P. Stark) - In a recent patent...more

Popular Insulated Cup Manufacturer In Hot Water Over Alleged Trade Secret Misappropriation

by Seyfarth Shaw LLP on

Tervis Tumbler Company, the maker of the infamous insulated tumblers, has found itself in hot water with a former supplier, Trinity Graphic. ...more

Brexit Update: Negotiations Move To The Next Phase After Joint Report - March 2018

by King & Spalding on

The UK Government has begun to outline British objectives for a trade deal with the EU based on alignment and “mutual recognition” of each other’s regulatory regimes in sectors such as chemicals and automobiles and "managed...more

Two wins by the LEGO Group in China against Chinese copycats

by Hogan Lovells on

The LEGO Group rarely puts itself under the spotlight by talking about litigations but it made an exception on 7 December 2017 by applauding its recent victories against two Chinese infringers...more

Creating Buzz Through Creative Brand Management

by Fox Rothschild LLP on

Today is International Women’s Day. As a way to celebrate, McDonald’s has flipped their iconic golden arches upside-down. The arches, one of the most recognizable logos, have been physically flipped in one California location...more

Update: Ontario Court Upholds That Professional Hockey Player Did Not Breach Morals Clause in Endorsement Contract

Brand owners have leveraged celebrity endorsements for decades, and while they can be valuable, they can also be risky. In the event of a celebrity scandal, a brand owner may wish to terminate its relationship with the...more

Sharing Competitively Sensitive Information Can Pose Antitrust Risks

by Epstein Becker & Green on

The sharing of confidential and proprietary information among competitors and potential competitors (even during due diligence) can raise serious antitrust concerns. In particular, parties must avoid exchanging information...more

The World in U.S. Courts - Winter 2018

French Bank Whose Transactions Benefitted Sudan Generally, But Were Not Otherwise Related To The Commission Of Terrorist Acts Supported By Sudan, Could Not Have Violated ATA And ATS....more

adidas victorious again in defending its rights to the Three Stripes

by Hogan Lovells on

The General Court has once again upheld adidas’ oppositions against two copycat applications for two stripes positioned on a shoe. The two decisions issued on 1 March 2018 (in Cases T-629/16 and T-85/16) come as part of the...more

PTAB Denies Allergan & Mohawk Tribe’s Motion to Terminate IPRs Based on Sovereign Immunity

by Goodwin on

As we’ve reported on previously, Allergan, Inc. assigned its rights to patents covering its Restasis® dry eye treatment to the St. Regis Mohawk Tribe (“Tribe”) and simultaneously licensed back those patents in exchange for...more

Amazon Smiles With Iconic Non-Verbal Logo?

Yesterday, while on the highway heading to a client meeting, I noticed a truck that looked like this...more

FRANCHISEE 101: Til Expiration Do Us Part

by Lewitt Hackman on

Though an individual owner and operator of a formerly franchised Church's Chicken restaurant in Texas was not a signer of the franchise agreement, a district court ruled the individual was subject to the agreement's...more

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