Indiana Intellectual Property Law

FEBRUARY 21, 2023

Crowne Point, Indiana – The Plaintiff, Illinois Central Railroad (“IC”) filed suit against Defendant and former employee, Michael Belcher (“Belcher”) for Breach of Contract, Breach of Duty of Loyalty, Civil Conversion, Indiana Uniform Trade Secrets Act, Defend Trade Secrets Act, and Trespass to Chattels. Continue reading

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The IPKat

AUGUST 17, 2023

Although her time now is very much spent in Chancery, she still monitors decisions coming from the KBD as many of our confidential information and trade secrets cases come from those hallowed halls. There was no written contract of employment. These terms apply for 12 months after a party stops being a shareholder (i.e.

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Confidentiality Contracts Business Litigation 52

LexBlog IP

FEBRUARY 8, 2024

Moreover, with fewer restrictions on employee mobility post-employment, it is important companies have adequate NDAs and confidentiality agreements in place to protect proprietary information. First, AB 1076 renders all noncompete clauses in employment contracts void.

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Trading Secrets

OCTOBER 18, 2023

Specifically, the new law, signed by Governor Newsom on September 1st, provides that any contract that is void under California law is unenforceable regardless of where and when the employee signed the contract. Under existing California law, non-compete agreements with California employees are typically void.

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LexBlog IP

APRIL 21, 2022

Trade secrets are always at risk when engaging in corporate deals that require the disclosure of confidential information. A recent decision from the 8 th Circuit affirming grant of a motion to dismiss a breach of contract action between a company and its financial advising firm.

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LexBlog IP

OCTOBER 18, 2023

Specifically, the new law, signed by Governor Newsom on September 1st, provides that any contract that is void under California law is unenforceable regardless of where and when the employee signed the contract. Under existing California law, non-compete agreements with California employees are typically void.

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Law Contracts Business Confidentiality 52

Technology & Marketing Law Blog

MARCH 29, 2022

” Breach of Contract. The alleged breaches appear to be the game’s failure to enforce possible contract breaches by other users. Innogames, 2022 U.S. March 28, 2022). The court says Section 230 preempts most of those claims. . ” Products Liability. An online videogame isn’t a “product.”

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Indiana Intellectual Property Law

FEBRUARY 23, 2023

MaddenCo owns Copyright Registration Number TX0009171151 entitled “The Tire Dealer System” with an effective registration date of August 26, 2022. As employees of MaddenCo, both Reed and Darby executed a Confidentiality Agreement wherein they agreed to not disclose any confidential information or material of MaddenCo or its subsidiaries.

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False Advertising Confidentiality Copyright Infringement Contracts 52

Trading Secrets

FEBRUARY 6, 2024

Lastly, we saw federal agencies insisting on broad whistleblower protections in confidentiality agreements with impacted employees and customers. We also saw proposed federal legislation banning or narrowing the use of non-competes, which we expect to be reintroduced in 2024. State legislatures continued to narrow the use of the non-competes.

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Confidentiality Contracts IP Law 59

IPilogue

MARCH 8, 2023

The 2022 Canadian Internet Registry Authority (CIRA) Cybersecurity Survey found that the number of breaches involving customer and employee information nearly doubled after the pandemic, and more businesses are reporting loss of customers from cyberattacks.

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LexBlog IP

FEBRUARY 6, 2024

Lastly, we saw federal agencies insisting on broad whistleblower protections in confidentiality agreements with impacted employees and customers. We also saw proposed federal legislation banning or narrowing the use of non-competes, which we expect to be reintroduced in 2024. Minnesota adopted a ban on non-competes.

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LexBlog IP

JUNE 21, 2022

A recent decision by the Second Circuit reminds litigants that a party asserting a trade secret misappropriation claim under the federal Defend Trade Secrets Act (DTSA), or New York law, must detail in a pleading “the “reasonable measures” employed to maintain the secrecy of the alleged trade secret. In Turret Labs USA, Inc.

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Confidentiality Contracts Licensing Litigation 52

43(B)log

DECEMBER 12, 2022

2022 WL 5245633, No. 6, 2022) The district court reverses the bankruptcy court ruling ( discussed here ) that held that false advertising had interfered with the debtor’s estate in violation of the automatic stay. Windstream has a 2-year contract. With Spectrum there are no contracts. In re Windstream Holdings, Inc.,

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Patently-O

SEPTEMBER 7, 2022

2, 2022) [ Decision ]. Here, Amyndas (the one left out) had shared confidential information with both Zealand and Alexion (subject to contractual limitations). But, the appellate court considered the law as potentially instructive for construing the “venue of the defendant” as used in the contract. Amyndas Pharm.,

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Music Contracts Confidentiality Litigation 56

LexBlog IP

APRIL 28, 2022

The suit includes allegations of negligence, breach of implied contract, invasion of privacy, and violations of the California Confidentiality of Medical Information Act. District Court for the District of Nevada (filed April 11, 2022). Shalviri seeks actual damages, statutory damages, and attorneys’ fees and costs.

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LexBlog IP

APRIL 28, 2022

The suit includes allegations of negligence, breach of implied contract, invasion of privacy, and violations of the California Confidentiality of Medical Information Act. District Court for the District of Nevada (filed April 11, 2022). Shalviri seeks actual damages, statutory damages, and attorneys’ fees and costs.

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LexBlog IP

OCTOBER 1, 2021

The law goes into effect January 1, 2022 and amends the Freedom to Work Act (the Act), which restricts the use of non-compete agreements for low wage workers. The law does not apply to contracts covering confidential and proprietary information, protection of trade secrets, or inventions assignment agreements. Application.

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Indiana Intellectual Property Law

DECEMBER 2, 2022

According to the Complaint, on April 8, 2021 and December 22, 2021 the Defendants entered into Franchise Agreement, Non-compete Agreement, Confidentiality Agreement, Non-Disclosure and Operating Agreements, along with a Principal Owner’s Guaranty and Assumption of Obligations Agreement with Honest Abe.

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LexBlog IP

MARCH 15, 2022

.” Defendants first argued that the network of salespeople and customer lists on Facebook were owned by them, as they have ownership interests in their Facebook profiles, and that because each defendant’s Facebook friends could see the rest of their friend network, these lists were not confidential. 7, 2022) can be found here.

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Trading Secrets

DECEMBER 21, 2021

Anatomy of an M&A Transaction: How to Issue Spot for Non-Compete, Trade Secrets/Confidential Information, and Intellectual Capital Concerns. At the workshop, legal scholars, economists, and policy experts reviewed the current state of the law and economic literature on non-compete clauses in contracts between employers and employees.

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Confidentiality Law Contracts Business 69

Trading Secrets

JULY 12, 2022

On March 8, 2022, Excel Sports Management, LLC commenced an action in the Supreme Court of New York, Commercial Division, alleging that its former Vice President of Basketball Partnerships, Eric Eways, resigned his employment in favor of employment with Klutch Sports Group, LLC, in violation of a restrictive covenant in his employment agreement.

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Trading Secrets

SEPTEMBER 30, 2022

In the fifth installment of our 2022 Trade Secrets Webinar Series, Seyfarth attorneys Jesse Coleman, Matt Simmons, and Kevin Green discussed legal developments and trends in Texas trade secret and non-compete law and how it is similar to and diverse from other jurisdictions. Vast majority of cases involve misappropriation by electronic means.

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Contracts Confidentiality Litigation Business 75

43(B)log

OCTOBER 10, 2023

Defendants offered examples of contracts that, they argued, had a fee structure of 8-10%. Marble explained that he arrived at the $200 million valuation by multiplying DealMaker’s $20 million estimated revenue for 2022 by a multiplier of ten. Challenged claim: DealMaker’s customers do not retain ownership over their own data.

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LexBlog IP

OCTOBER 27, 2022

Lombardi (October 12, 2022) is a timely example of this principle. The 3rd Circuit’s recent decision in Matthews International Corp. ” But the District Court did order fairly sweeping relief against one particularly nefarious defendant, one of plaintiff’s former sales representatives.

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LexBlog IP

DECEMBER 21, 2021

Anatomy of an M&A Transaction: How to Issue Spot for Non-Compete, Trade Secrets/Confidential Information, and Intellectual Capital Concerns. At the workshop, legal scholars, economists, and policy experts reviewed the current state of the law and economic literature on non-compete clauses in contracts between employers and employees.

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Confidentiality Law Contracts Business 52

TorrentFreak

SEPTEMBER 27, 2022

. “The lawsuit alleges Rightscorp and Kyte lured [American Films] into a transaction to acquire Rightscorp, and then Rightscorp and Kyte used confidential information from the deal to reap a profit,” the company’s announcement reads.

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Settlement Copyright Intellectual Property Confidentiality 113

The IPKat

JULY 4, 2021

The changes introduce (i) a codified proportionality defense to injunctions in patent infringement proceedings, (ii) new confidentiality rules for patent disputes, and (iii) an accelerated timeline for nullity actions. While the Bundesrat still has to approve this bill, this is not believed to be controversial.

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Patently-O

MARCH 7, 2022

Hughes , 20-50671, 2022 WL 620238, at *1 (5th Cir. 3, 2022) [ Opinion ]. acquisition of the trade secret through a breach of a confidential relationship or improper means; and. Here though the damages were easy to calculate because they were part of the contract – 14% of net sales + 100,000 for the purchase price.

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Contracts Confidentiality Litigation Licensing 54

LexBlog IP

JANUARY 26, 2022

On January 1, 2022, SB 672 took effect, clarifying ambiguities in the original Act and levying additional requirements on Illinois employers who seek to impose and enforce restrictive covenants. Thus, SB 672’s restrictions apply with equal force to agreements prohibiting the solicitation of customers, vendors and employees.

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Confidentiality Business Contracts Law 52

TorrentFreak

FEBRUARY 24, 2023

In August 2022, Japanese manga publisher Shueisha filed an ex parte application at a California district court seeking information for use in a foreign proceeding – a lawsuit in Vietnam or Japan targeting pirate site operators. Publishers Seek Help From U.S.

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LexBlog IP

MARCH 29, 2022

5th 844 (2022).). The gravamen of LGCY’s claims was that the employees misappropriated LGCY’s trade secrets in violation of the Utah Uniform Trade Secrets Act and breached the noncompetition, non-solicitation, and confidentiality provisions of their employment agreements. The Superior Court, 75 Cal.

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Litigation Contracts Confidentiality Government 52

43(B)log

JUNE 15, 2022

2022 WL 1599712, No. 19, 2022) The parties compete in the market for energy drinks. Shelf space is vital to energy drinks, and so they contract for it, overriding retailers’ allocation discretion. However, oral statements to customers and statements made in the context of contract negotiations were commercial advertising.

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43(B)log

JUNE 16, 2022

Newton Group Transfers, LLC, 2022 WL 1652587, No. 4, 2022) (magistrate) I will confess that the main message I take from the cases in which timeshare companies are aggressively suing timeshare exit firms is that one should never buy a timeshare. 439 people with timeshare contracts with Diamond hired one of the defendant companies.

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False Advertising Advertising Advertising Contracts 59

JIPEL Copyright Blog

DECEMBER 1, 2021

Some circuits have held that a violation of policies and contracts such as terms of use and confidentiality agreements is enough to establish liability under the CFAA, while others tend to interpret it narrowly. It can’t be interpreted more broadly to include other limitations by contracts or policies. Van Buren , at 1655.

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SpicyIP

NOVEMBER 8, 2023

Xiaomi highlighting how the common practice of courts granting confidentiality in commercial litigation problematizes transparency, judicial accountability, and the citizens’ right to be informed of court processes and reasoning under Article 19(1)(a).

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TorrentFreak

NOVEMBER 12, 2022

. “You must ensure that you do not place digital advertisements on websites providing unauthorized access to copyrighted content and must take all reasonable steps to ensure that third parties with whom you contract do similar,” the regulator warns. That’s exactly the type of domain the IWL was intended to accomodate.

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The IPKat

SEPTEMBER 12, 2021

The UK launch of the Freestyle Libre 3 is said to be confidential, but the G7 is intended to be launched this autumn 2021. Abbott sought a listing of an 8-9 day trial floating no later than 28 February 2022, but argued for a trial in January 2022. In Germany, Abbott has already launched the Freestyle Libre 3.

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