In Tiffany Inc. v. eBay, Inc., the U.S. Second Circuit Court of Appeals looked at eBay’s “generalized knowledge” of counterfeiting on its site and considered whether it should impose liability for contributory infringement.
Read MoreIn the world of design patents, looks are everything. That’s because a design patent protects only an article’s ornamental aspects, not its functional aspects.
Read MoreThe Copyright Act provides copyright owners with incentive to provide proper notice. That simple step could make a significant difference in the amount of damages that can be recovered from infringers.
Read MoreBimbo Bakeries USA, Inc. v. Botticella. Article discusses how departing employees may be bound from disclosing trade secrets to a new employer, even without a non-compete agreement, in certain circumstance.
Read MoreIn the case of Bid for Position, LLC v. AOL, LLC and Google, Inc., the company faced accusations that its online auction system infringed a patented method.
Read MoreV Secret Catalogue, Inc. v. Moseley, provides some guidance on how the owners of legitimate trademarks can protect their marks from dilution by tarnishment.
Read MoreIn Avid Identification Systems, Inc. v. Crystal Import Corp., Inc., the Federal Circuit weighed in on the enforceability of a patent due to inequitable conduct of the company president withholding material information.
Read MoreIn Jay Franco & Sons, Inc. v. Franek, lessons are learned in choosing the best route of protection for a round beach towel configuration with trade dress protection versus patent design protection.
Read MoreThe 2015 DMCA exemption list provides for permissible copyright circumvention in various areas, including jailbreaking phones, motion picture DVDs, video games, etc.
Read MoreThe USPTO issued guidance on process claims, identifying three major factors that favor patentability because they either satisfy the machine or transformation test or provide evidence that the process has been practically applied.
Read MoreIn Bouchat v. Baltimore Ravens Limited Partnership, the issue regarding copyright infringement and fair use is discussed.
Read MoreIn Stauffer v. Brooks Bros., Inc., the U.S. Federal Circuit Court of Appeals considered whether a private party had the standing to enforce the false marking statute.
Read MoreIn AstraZeneca LP v. Apotex, Inc., a generic drug draws a preliminary injunction barring defendant’s activity, which isn’t often seen in patent litigation cases.
Read MoreIn re Carl Walther GmbH, a gun manufacturer turned to 007 for help overcoming a rejected trademark application and offers some valuable insight on how to increase the odds of successfully obtaining trademark protection for a product configuration.
Read MoreIn Solvay S.A. v. Honeywell Int’l, Inc., a patent infringement lawsuit, conception vs copying was examined, finding that copying made it a “prior inventor” and, thus, invalidated the patent claims at issue.
Read MoreIn U.S. v. ASCAP, the issue of what constitutes public performance in terms of copyright is discussed as well as music licenses for online music providers.
Read MoreThe case Akamai Technologies, Inc. v. Limelight Networks, Inc. involves how a patentee can establish liability for joint infringement.
Read MoreThe U.S. and Chile sign an antitrust cooperation agreement to enable the antitrust agencies in the two countries to improve their law enforcement relationship.
Read MoreIn Uniloc USA Inc. v. Microsoft Corp., it is shown that patentees must establish a factual foundation for damages that considers factors that would actually play a role in royalty negotiations, as abstract rules alone won’t cut it in court.
Read MoreIn FreecycleSunnyvale v. The Freecycle Network, the U.S. Court of Appeals for the Ninth Circuit found that lack of control over the use of trademarks can amount to naked licensing and abandonment of trademark rights.
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