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Intellectual Property Criminal Law

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Business Litigation Report - October 2017

October 2017: Second Circuit Immunity Decision Upends Cross-Border Criminal Investigations - The Second Circuit Court of Appeals’ recent decision in United States v. Allen, --- F.3d ----, 2017 WL 3040201 (2d Cir. July 19,...more

DTSA Does Not Create a Private Civil Cause of Action for Conspiracy to Commit Trade Secret Theft

The Defend Trade Secrets Acts (DTSA) provides an important tool for any company possessing trade secrets to bring a suit in federal court to remedy and prevent dissemination of a misappropriated trade secret. Specifically,...more

Don’t Fall for a Scam: Trademark Owners Targeted

by Womble Bond Dickinson on

Owners of federal trademark registrations and applications have been continuously targeted by scam artists who pull owner names from the United States Patent and Trademark Office (USPTO) database and contact these owners...more

Worried About Fake News? You Should Really Worry About Fake Drugs

by Womble Bond Dickinson on

While the concept of “fake news” continues to trigger Twitter followers and grab headlines, the trade in counterfeit drugs is a worldwide problem of significant scale. This article discusses the problem and talks about some...more

Don’t be duped by the trademark solicitation

by McAfee & Taft on

The number of companies soliciting trademark renewals and other products or services from trademark registrants has skyrocketed. Why? Because the solicitations are effective in duping trademark owners into thinking the fees...more

Summer's Here, Don't Get Burned!

In May of 2014, this newsletter discussed the prevalence of trademark and domain name scams, and offered tips on how to avoid being duped by fake service offerings (see "Scammers Still Be Scamming" here). Unfortunately,...more

Jones Day’s Review of Business-Related Cases in the Supreme Court’s October Term 2016

by Jones Day on

During what many have labeled a “quiet Term,” the U.S. Supreme Court, working with only eight justices for most of the session, still delivered at least 30 rulings of particular interest to business and industry. These...more

Conviction for Economic Espionage, Sale of Trade Secrets to China

by McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit upheld the first federal jury criminal conviction for economic espionage and theft of trade secrets under the Economic Espionage Act of 1996 (EEA), even though the owner of the...more

Supreme Court 2016-17 Recap

The politics surrounding the appointment of a new justice to the U.S. Supreme Court dominated the news cycle during the 2016-17 term, but the Court’s decisions themselves have been far from controversial. As the term draws to...more

Ninth Circuit Affirms First Federal Criminal Jury Conviction for Economic Espionage

by Dechert LLP on

The U.S. Court of Appeals for the Ninth Circuit on May 5, 2017 upheld the 2014 convictions of a California businessman, Walter Liew (“Liew”), and his company USA Performance Technology, Inc. (“USAPTI”), for various violations...more

Bill 202: New Alberta Tort for Non-Consensual Distribution of Intimate Images

by Bennett Jones LLP on

Alberta joins those provinces and the Federal government who have enacted protection for intimate images to provide a legal framework to protect those who have such images wrongfully distributed....more

Trademark Owners Beware of Chinese Domain Name Marketing Ploy

by Jaburg Wilk on

Some e-mail marketing ploys are pretty clever and some spam or phishing attempts brilliantly disguised as valid e-mail. While there are many great reasons to register your trademark with the United States Patent & Trademark...more

Trademark Solicitation Scams

Last month the United States Patent and Trademark Office (“the Office”) announced its cooperation in a Department of Justice investigation into a trademark scam perpetrated by two California men that defrauded about 4,446...more

Scams, The Biggest Threat to Patent and Trademark Owners

After threading the tortuous path through the U.S. Patent and Trademark Office, and withstanding assaults of infringers, who would have thought that one of the biggest problems for patent and trademark owners is scammers? ...more

Gavel to Gavel: Fake goods pose real risks when shopping online

by McAfee & Taft on

"'Twas the week before Christmas, and one click of the mouse ordered the presents for all in the house. With two-day free shipping and discounts galore, we just shop online – why go to a store?" Originally published in...more

BIA Ruling May Have Pushed 'Moral Turpitude' Too Far

Priya Sopori was quoted in a Law360 article on October 3, 2016, discussing a recent ruling by The Board of Immigration (BIA) stating that criminal copyright infringement is a “crime involving moral turpitude” and can lead to...more

Trade Secrets: Changes In The Law On Protection Of Trade Secrets In The United States And European Union

by Ladas & Parry LLP on

Concerns about trade secret theft have been increasing in both the United States and Europe in recent years. Traditionally, American law disfavored trade secret protection vis à vis patenting on the basis that publication of...more

Industrial Espionage and the Defend Trade Secrets Act

American corporations are facing an ever increasing threat of misappropriation of their valuable trade secrets through industrial espionage, defined as the theft of a company’s trade secrets by an actor intending to convert...more

North Carolina Public Records Law 101 - A primer for economic development professionals

by Nexsen Pruet, PLLC on

At the North Carolina Economic Development Association 2016 Annual Conference, I participated on a panel discussion and presentation regarding public records law requirements in North Carolina and how they affect economic...more

Sharing of Passwords Under Certain Circumstances Unlawful

by Jackson Lewis P.C. on

Many companies have experienced the departure of an employee and the elimination of that former employees access to the company’s computers and networks. In the recent case of USA v. Nosal, D.C. No. 3:08-cr-00237-EMC-1 (July...more

Korea Quarterly - August 2016

by McDermott Will & Emery on

Controlling Costs in International Arbitration - Arbitration is an efficient means for resolving business disputes because it offers more flexibility than court proceedings and enables the parties to choose arbitrators...more

Compilation of Public Data Can be Trade Secret

A recent 9th Circuit Court of Appeals decision confirmed that data derived from a compilation of publicly available information can constitute a protectable trade secret, particularly when a proprietary process is used to...more

Sparks Fly in Ninth Circuit’s Nosal II Opinion

As many loyal TSW readers know, we’ve been watching the ongoing saga involving ex-Korn Ferry recruiter David Nosal wind its way through the courts since the early days of this blog. And last month, the highly anticipated...more

Baseball Hacking Scandal Leads To 4-Year Sentence And MLB Investigation

by King & Spalding on

On Monday, July 18, 2016, the U.S. District Court for the Southern District of Texas sentenced former St. Louis Cardinals scouting director Chris Correa to nearly four years in prison for the hacking of the Houston Astros’...more

Ninth Circuit Provides Clarification Concerning the Definition of Trade Secret

On July 5, 2016, in United States v. Nosal, the Ninth Circuit Court of Appeals clarified the definition of “trade secret,” finding that data derived from a compilation of publicly available information can constitute a...more

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