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Software Unfair Competition

Morrison & Foerster LLP - Government...

DECEMBER 2021 BID PROTEST ROUNDUP

This month’s Law360 Bid Protest Roundup focuses on two Government Accountability Office (GAO) decisions and one recent Federal Circuit decision. These decisions involve (1) the risks of using former government employees in...more

Weintraub Tobin

The Sleekcraft Factors And “Reverse Confusion” Trademark Infringement

Weintraub Tobin on

What happens when a junior trademark holder’s business becomes so popular and well known that it threatens to swamp the reputation of a senior mark holder? The senior mark holder brings a trademark infringement case alleging...more

Womble Bond Dickinson

Indefinite Covenants Within License Agreement May Not Be Enforceable

Womble Bond Dickinson on

Where a software license agreement precluded the licensee from developing similar software for an undefined period of time, the license agreement inhibited “free trade” and was therefore unreasonable and unenforceable. Triage...more

Farella Braun + Martel LLP

How Antitrust and Unfair Competition Laws Affect Platform Providers’ Relationships With ISVs, API Developers, and Scrapers

A wide variety of business and consumer platforms host mutually beneficial ecosystems. But these ecosystems are also fraught with antitrust risk that arises when platforms try to terminate or modify the terms of third-party...more

Shook, Hardy & Bacon L.L.P.

Cloud Infrastructure Provider Densify Attempts to Ward Off Partner/Competitor VMware with IP Infringement Suit

Cirba, Inc., d/b/a Densify, a quintessential start-up success story and provider of cloud services to automate virtual infrastructure optimization, recently filed a Patent Infringement and Unfair Competition Complaint against...more

Morrison & Foerster LLP

German Federal Court: Unfair Competition Law No Basis to Ban Ad Blocking and Whitelisting

In a landmark decision, on April 19, 2018, the German Federal Court of Justice decided that the ad blocking application and browser-extension Adblock Plus does not violate the German Unfair Competition Act (Gesetz gegen den...more

Hogan Lovells

Adblocking reloaded: No unfair competition, says German Supreme Court

Hogan Lovells on

Germany’s highest civil court signs off on the business model behind AdBlock Plus - The popular adblocking software AdBlock Plus, and the underlying business model of Eyeo GmbH, do not fall foul of German unfair...more

Morris James LLP

Court Of Chancery Calculates The Length Of An Injunction Against Unfair Competition

Morris James LLP on

How long should competition in violation of an agreement be enjoined? Normally, that would depend on what the agreement says. But when that is not set out by the parties’ contract, this decision explains how to determine the...more

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