The IP Law Blog

JANUARY 13, 2022

Business owners often ask whether they should protect their intellectual property with a trade secret or a patent. A trade secret protects a business’s confidential and proprietary information. Also, unlike a trade secret, a patent protects against copying or reverse-engineering and independent creation of the invention.

Patent 104

Patent Invention Patent Application Confidentiality 104

Trading Secrets

FEBRUARY 27, 2024

An employee had an agreement with a company that placed restrictions on the employee’s ability to solicit or accept business from the company’s customers, to disclose confidential information, and to have competitive employment during the term of employment. The memorandum addressed a fact pattern common to readers.

Confidentiality 64

Confidentiality Settlement Contracts Business 64

The IPKat

MAY 12, 2023

When one hears the claims of copyright infringement, confidential information and employment claims one can readily assume that this is an employer/ex-employee dispute. US proceedings were filed by PQ against CyberMetrics in October 2017, Mr Aughton was deposed in October 2021 and the proceedings then settled on confidential terms.

Copyright Infringement 67

Copyright Infringement Copyright Confidentiality Copying 67

IP Tech Blog

FEBRUARY 15, 2023

Navigating these challenges in the proper way will be key to the selection of the appropriate business model for the exploitation and commercialization of the algorithms (e.g. licensing, assignment, JVs, cooperation and co-development etc.)

Intellectual Property 113

Intellectual Property Due Diligence Ownership IP 113

IPilogue

JULY 21, 2021

assembled a digital two-way radio business largely deploying Motorola’s research and development, such as source code and confidential technical documents. copyright laws by copying their source code, it also complained that Hytera infringed the federal Defend Trade Secrets Act. Hytera Corp.

Confidentiality 106

Confidentiality Intellectual Property Technology Copyright Law 106

LexBlog IP

FEBRUARY 27, 2024

An employee had an agreement with a company that placed restrictions on the employee’s ability to solicit or accept business from the company’s customers, to disclose confidential information, and to have competitive employment during the term of employment. The memorandum addressed a fact pattern common to readers.

Confidentiality 52

Confidentiality Settlement Contracts Business 52

LexBlog IP

JANUARY 13, 2022

Business owners often ask whether they should protect their intellectual property with a trade secret or a patent. A trade secret protects a business’s confidential and proprietary information. Also, unlike a trade secret, a patent protects against copying or reverse-engineering and independent creation of the invention.

Patent 52

Patent Invention Patent Application Confidentiality 52

LexBlog IP

MARCH 14, 2024

The plaintiffs alleged that OpenAI copied their published books, which are protected by copyright law, and used them in a training dataset for its LLM. The OpenAI defendants moved to dismiss all causes of action alleged by the author plaintiffs with the exception of the first cause of action for direct copyright infringement. (It

Derivative Work 52

Derivative Work Copying Copyright Infringement Copyright 52

TorrentFreak

AUGUST 15, 2022

“The transcript contains information and reference to MarkMonitor’s source code that is private, proprietary, confidential and commercially sensitive trade secret information regarding its antipiracy detection system,” MarkMonitor writes. It discusses proprietary code and includes evidence of a dispute between businesses.

Confidentiality 129

Confidentiality Settlement Copying Litigation 129

Intepat

MAY 24, 2023

In today’s business landscape, the significance of intellectual property (IP) assets is on the rise and is becoming increasingly crucial in various sectors. The value of a business is now closely tied to its IP assets, which can be licensed, transferred, or used as capital in a joint venture.

Intellectual Property 98

Intellectual Property Contracts Ownership Invention 98

Dragons' Den

FEBRUARY 1, 2024

Innovative ventures and intellectual property set the stage alight on Dragons' Den this week, with a wide variety of businesses seeking investment and advice from the Dragons' experienced judging panel. However, Deborah Meaden, a lifelong cat owner, recognised the potential and offered all the money for 40% of the business.

Blogging 64

Blogging IP Intellectual Property Designs 64

Kluwer Copyright Blog

SEPTEMBER 11, 2023

It involves several IP rights, some of which overlap in some cases: copyright, trademarks, patents, trade secrets/confidential information, and the right of publicity (and similar rights with different names). Singapore (computational data analysis; user must not “use the copy for any other purpose”) f. Japan (Art. 47 septies ) e.

IP 120

IP Derivative Work Intellectual Property Art 120

TorrentFreak

NOVEMBER 15, 2022

These types of restrictions are problematic according to ‘ ACT | The App Association ‘, a trade organization that represents thousands of startups and small businesses in the software industry. — A copy of ACT’s trade barrier submission for the US Trade Representative’s 2023 NTE report is available here (pdf).

Government 123

Government Privacy Copyright Infringement Confidentiality 123

LexBlog IP

JUNE 28, 2022

Generally, these courts will only enforce noncompete agreements that are reasonable, no broader than necessary to protect an employer’s legitimate business interests, properly noticed, and in line with public policy. The applicable law for each state is set forth below. Law Governing Restrictive Covenants. The employer’s goodwill.

Confidentiality 52

Confidentiality Business Government Intellectual Property 52

Michael Geist

JUNE 28, 2022

In fact, I have now obtained a copy of the Charter statement and posted it publicly here with an embed below. Parties who provide certain types of sensitive commercial information to the Commission, including trade secrets, may designate this information as confidential.

Government 93

Government Confidentiality Designs Design 93

TorrentFreak

MARCH 13, 2022

Earlier this month, both parties agreed to end the legal dispute with a confidential settlement agreement. — A copy of the joint stipulation, mentioning the dismissal and the blocking intent, is available here (pdf). There is no evidence that any money will change hands and both sides have agreed to cover their own costs.

Settlement 136

Settlement Copyright Infringement Privacy Confidentiality 136

LexBlog IP

FEBRUARY 15, 2023

Navigating these challenges in the proper way will be key to the selection of the appropriate business model for the exploitation and commercialization of the algorithms (e.g. licensing, assignment, JVs, cooperation and co-development etc.)

Intellectual Property 52

Intellectual Property Due Diligence Ownership IP 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works. This means that no one else can copy or distribute their creations without permission.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

Kashishipr

JUNE 16, 2021

account to be the most frequently stolen forms of IP, which may result in a huge loss for the company that created it, including the loss of competitive edge and decline of business growth. It enabled them to steal a handful of IP assets and other confidential business information.

Intellectual Property 98

Intellectual Property IP Confidentiality Registering Trademarks 98

TorrentFreak

NOVEMBER 29, 2022

The game windows and server IP addresses are confidential but likely cover several of the most popular IPTV streaming services in Canada. — A copy of the latest interlocutory injunction, issued by the Federal Court’s Associate Chief Justice Jocelyne Gagné, is available here (pdf). ” Justice Gagné writes.

IP 111

IP Confidentiality Copying Copyright 111

LexBlog IP

SEPTEMBER 29, 2021

further stresses the importance of carefully crafting the terms and conditions in a non-disclosure agreement (“NDA”), and ensuring there is no ambiguity as to when the NDA’s confidentiality protections expire. Emerson Electric Co. The Inclusion of Expiration Dates in NDAs.

Confidentiality 52

Confidentiality Contracts Public Domain Designs 52

43(B)log

FEBRUARY 15, 2022

Boost alleged that Woo engaged in a scheme to gain access to Boost’s confidential information and thereby replicate its beauty product. Plaintiff’s and defendant’s principals were roommates, which allegedly gave defendants the opportunity to copy despite an oral confidentiality agreement, on which the court denied summary judgment.

Registering Trademarks 72

Registering Trademarks Confidentiality Trademark Advertising 72

IIPRD

JANUARY 24, 2023

A robust and substantive IP portfolio does not only protect inventions but, also demonstrates the strength of the innovative business models of companies. Digital locks can be used by FinTech businesses to offer an extra layer of security to copies of their works.

IP 52

IP Invention Intellectual Property Due Diligence 52

LexBlog IP

NOVEMBER 1, 2021

Illinois employers planning to protect confidential and proprietary trade secret information through the use of non-compete agreements or non-solicitation agreements need to be aware of amendments to the Illinois Freedom to Work Act that will take effect on January 1, 2022.

Confidentiality 52

Confidentiality Designs Design Law 52

Dragons' Den

FEBRUARY 2, 2023

From van alarms to fashion, bag pipes to apps – it just goes to show that IP affects every area of business. You just mentioned IP” First up in the Den, we had entrepreneur and inventor Michael Horsfall, asking for 45k in exchange for 10% of his Van Guardian business. We wish Michael all the best with his business.

Designs 52

Designs Design Branding Brands 52

TorrentFreak

MARCH 17, 2023

Instead of copied streams, captured from broadcasts, HeheStreams users were directed to genuine streams offered by sports broadcasters. A settlement agreement was reached but the terms remain confidential. Focusing on MLB, NBA, NFL, and NHL content, Hehestreams was no ordinary IPTV service.

Confidentiality 115

Confidentiality Settlement Reporting Copying 115

TorrentFreak

AUGUST 21, 2021

After the apparent demise of Area 51 but in advance of the settlement being finalized, it’s alleged that Tusa launched a close copy of Area 51 called SingularityMedia, which scooped up Area 51’s customers. In response, ACE contacted Tusa again and demanded that the new service was shut down. It later disappeared.

Cease and Desist 145

Cease and Desist Settlement Copyright Infringement Copyright 145

TorrentFreak

NOVEMBER 25, 2023

With at least one of the targeted platforms resorting to what appear to be machine generated subdomains, Sky is certainly being kept busy, so at some point the High Court may be responsive to closing that loophole. After obtaining a copy of the High Court order, the nature of the blocking is easily understood.

Music 99

Music Confidentiality Copyright Copyright Law 99

LexBlog IP

OCTOBER 4, 2022

Protection for employers’ confidential and proprietary information: The amendment clarifies that employers may prevent employees from disclosing, using, selling, or accessing an employer’s confidential or proprietary information either during or after employment.

Confidentiality 52

Confidentiality Copying Licensing Reporting 52

TorrentFreak

MARCH 1, 2022

At a Florida court, DISH and encryption partner NagraStar sued several individuals, companies and trusts collectively doing business as SetTV via the domain settvnow.com. The plaintiffs stated that the complex business structure was designed to frustrate enforcement efforts and hide profits made by SET Broadcast LLC and various individuals.

Settlement 135

Settlement Business Branding Brands 135

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. Most often, restrictive covenants are designed to prevent a departing employee from competing with his/her former employer for clients or business. View the Recording.

Confidentiality 69

Confidentiality Law Contracts Business 69

LexBlog IP

MARCH 30, 2022

Generally, trade secrets are loosely defined as business or technical information that provides a competitive advantage and is not generally known by the public. Even seemingly innocuous moves like copying files to a portable memory device and carrying that device into an authoritarian nation can pose a risk if that device is confiscated.

Intellectual Property 52

Intellectual Property Copying Government Business 52

LexBlog IP

JULY 31, 2023

No entity is immune—whether homegrown or foreign, if they’re registered to do business in the United States then it impacts them unless an exemption applies. It’s important to note that data security and confidentiality aren’t taken lightly.

Ownership 52

Ownership Reporting Confidentiality Registration 52

Technology & Marketing Law Blog

NOVEMBER 28, 2022

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. OxBlue. * Want To Know Amazon’s Confidential Settlement Terms For A Keyword Advertising Lawsuit? ” After this ruling sent the case to trial, the parties (wisely) settled rather than incur the costs of trial.

Advertising 102

Advertising Advertising False Advertising Trademark 102

Fish & Richardson Trademark & Copyright Thoughts

APRIL 28, 2022

Generally, trade secrets refer to confidential information that confers a competitive advantage on its holder by virtue of being unknown by others. Generally, reasonable measures should be “adequate under the circumstances,” but go further than those used for ordinary confidential information. What Are Trade Secrets? DTSA § 1839.

Confidentiality 52

Confidentiality Intellectual Property Contracts Litigation 52

LexBlog IP

APRIL 11, 2023

These tools can be incredibly beneficial to businesses, but they also carry risks. In late March, OpenAI released an API (application programming interface) to select businesses to allow them to incorporate the AI technology into their own websites and apps via plugins. Third, there are potential confidentiality issues to consider.

Social Media 52

Social Media Branding Brands Branding 52

Michael Geist

APRIL 11, 2023

The consultation attracted widespread criticism with the government surprisingly refusing to disclose the actual submissions , implausibly citing concerns about confidential business information. I obtained a copy of the responses under ATIP , revealing that the criticism had been far more significant than previously disclosed.

Reporting 91

Reporting Government Confidentiality Privacy 91