LexBlog IP

AUGUST 18, 2021

Whether it’s a seasoned designer coming with plug-and-play experience or a fresh face just out of design school, sometimes it just doesn’t work out. Recently, several of my designer clients have had to fire an employee due to the employee’s misconduct. Review the contract. Reconcile and pay.

Advertising 86

Advertising Advertising Art Law 86

Trading Secrets

JANUARY 17, 2023

The parties filed dueling summary judgments, with ESS seeking traditional summary judgment on the basis Harvey/James’s declaratory judgment was barred as mirroring the contract, and Harvey/James seeking traditional and no evidence summary judgment because ESS had failed to make any showing of damages whatsoever. Background.

Confidentiality 59

Confidentiality Contracts Designs Design 59

LexBlog IP

JANUARY 17, 2023

The parties filed dueling summary judgments, with ESS seeking traditional summary judgment on the basis Harvey/James’s declaratory judgment was barred as mirroring the contract, and Harvey/James seeking traditional and no evidence summary judgment because ESS had failed to make any showing of damages whatsoever. Background.

Confidentiality 52

Confidentiality Contracts Designs Design 52

Trading Secrets

DECEMBER 19, 2023

Courts continue to recognize combination trade secrets where a plaintiff can demonstrate a unique combination of processes and information that aid company processes, including research and development. Companies should be mindful of state-specific restrictions in employment confidentiality obligations to avoid potential conflicts.

Confidentiality 52

Confidentiality Litigation Business Law 52

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

LexBlog IP

DECEMBER 19, 2023

Courts continue to recognize combination trade secrets where a plaintiff can demonstrate a unique combination of processes and information that aid company processes, including research and development. Companies should be mindful of state-specific restrictions in employment confidentiality obligations to avoid potential conflicts.

Confidentiality 52

Confidentiality Business Intellectual Property Law 52

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. 1839) outlines three key qualities that differentiate trade secrets from other information: Secret: The information is not generally known or readily ascertainable.

Confidentiality 52

Confidentiality Intellectual Property Contracts Litigation 52

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. Ninth Circuit’s Decision in Bladeroom.

Confidentiality 52

Confidentiality Contracts Public Domain Designs 52

IP and Legal Filings

MAY 29, 2022

Trade secrets uphold the secrecy of integral information of an enterprise relating to its strategies, programs, designs, patterns, or more. Contract Law- the supply regarding restraint of commerce in Section 27 of the Indian Contract Act makes this clear. DEFINITIONS UNDER VARIOUS ACTS. (1)

Contracts 52

Contracts Confidentiality Copyright Law Law 52

Technology & Marketing Law Blog

JANUARY 26, 2024

Moreover, there is nothing to suggest that the CFRA was designed to be used as a defense to a private breach of contract action. The final version of the INFORM Consumers Act. * On the contrary, any private information that is revealed in Kochava’s data bank can be ascertained only by inference. Kochava, Inc.,

Social Media 73

Social Media Privacy Advertising Advertising 73

LexBlog IP

MARCH 15, 2022

Defendants are five former network salespeople of Belle Cosmetics, who plaintiff alleges, helped design and launch a competing product line for a company called Juvanae LLC. Or if the court has to determine how many users included in the Facebook were not network salespeople before confidentiality of the asserted trade secrets is destroyed.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

LexBlog IP

OCTOBER 27, 2022

Among other things, this tension manifests itself in the gray areas endemic to any legal analysis of what information may constitute a “trade secret.” The tension between encouraging free and fair competition and protecting competitive advantages derived from hard work and ingenuity is at the very heart of trade secrets law.

Confidentiality 52

Confidentiality Contracts Law Designs 52

Trading Secrets

MARCH 22, 2022

But for famed wedding dress designer, Hayley Paige Gutman, she certainly is ruing the Second Circuit’s recent decision to revive its 1999 holding of Ticor Title Ins. Included within the JLM contract were certain restrictive covenants, including a non-competition agreement, as well as various intellectual property assignment provisions.

Social Media 59

Social Media Contracts Confidentiality Business 59

Trading Secrets

JUNE 28, 2022

As regular readers of this blog are well aware, the CFAA provides that “[w]hoever … intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains … information from any protected computer … shall be punished” by fine or imprisonment.”

Confidentiality 59

Confidentiality Privacy Contracts Blogging 59

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. com, Shueisha sought permission from a court to obtain information from U.S. Executive Order 13984.

Publishing 119

Publishing Advertising Advertising Music 119

Intepat

JUNE 19, 2023

The various forms of intellectual property are already well known- trademarks, patents, copyrights, industrial designs, trade secrets, domain names and geographical indications. Things to Keep in Mind Maintaining Secrecy – Only inventions and designs which are not previously disclosed can be registered for patents and industrial designs.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52

Trading Secrets

SEPTEMBER 30, 2022

As a conclusion to this webinar , we compiled a summary of takeaways: A restrictive covenant is a legal term for a clause in an employment contract (or a standalone agreement) that prevents an employee from doing something. secret) 3) that is economically valuable and 4) subject to reasonable efforts to maintain secrecy.

Contracts 75

Contracts Confidentiality Litigation Business 75

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. A restrictive covenant is a legal term for a clause in an employment contract (or a standalone agreement) that prevents an employee from doing something.

Confidentiality 69

Confidentiality Law Contracts Business 69

Trading Secrets

DECEMBER 29, 2022

Protecting Confidential Information and Client Relationships in the Financial Services Industry. Anatomy of a Restrictive Covenant. How and Why Texas Is Different When It Comes to Trade Secrets and Non-Competes. How Multijurisdictional Businesses Should Approach Non-Competes. its training procedures, and its off-boarding policies.

Confidentiality 59

Confidentiality Business Law Contracts 59

Nelligan Law

AUGUST 8, 2022

The Copyright Act and The Industrial Design Act both touch on the topic of employment and IP. Subsection 12(1) of the Industrial Design Act states that the author of the design is the owner unless they have done so for another person, in which case it is possible the other person is the owner. Key take-aways.

Intellectual Property 74

Intellectual Property Invention Ownership Contracts 74

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

SEPTEMBER 4, 2023

SpicyIP Tidbit: CGPDTM Calls for Comments and Suggestions on Different IP Manuals and Guidelines The office of the Controller General of Patents, Design and Trademarks (CGPDTM) is inviting comments from stakeholders to revamp the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines. Deadline- October 15, 2023.

Cease and Desist 105

Cease and Desist Patent Prosecution Trademark Derivative Work 105

Trading Secrets

JUNE 3, 2022

The court found that touring the plaintiff’s production facilities and gathering information under a non-disclosure agreement sufficiently alleged access to the trade secrets. 25, 2021) (misappropriation where defendant gave information to another employee who did not otherwise have access to the document). Runyon , Case No.

Law 59

Law Confidentiality Designs Design 59

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. A restrictive covenant is a legal term for a clause in an employment contract (or a standalone agreement) that prevents an employee from doing something.

Confidentiality 52

Confidentiality Law Contracts Business 52

LexBlog IP

DECEMBER 20, 2023

“Customers” here includes both individual consumers and corporate entities who have entered into a contract for data processing services. The overarching goals are to stimulate a competitive data market, by allowing greater access to data and removing barriers to changing data service providers. .

Contracts 52

Contracts Business Law Journalism 52

LexBlog IP

JANUARY 19, 2022

Moreover, any prior patent of the party seeking to protect its trade secrets should be scrutinized for similarity with the technology or information allegedly comprising a trade secret. Vita’s conceptual design was therefore readily ascertainable by proper means, and every feature was visually observable. Background. Foro Energy, Inc.

Patent 52

Patent Designs Design Confidentiality 52

Trading Secrets

JANUARY 19, 2022

Moreover, any prior patent of the party seeking to protect its trade secrets should be scrutinized for similarity with the technology or information allegedly comprising a trade secret. Vita’s conceptual design was therefore readily ascertainable by proper means, and every feature was visually observable. Background. Foro Energy, Inc.

Patent 52

Patent Designs Design Confidentiality 52

Copyright Lately

MARCH 6, 2023

Cameron Boyce ( Runt ) Wagging Tails claims that the threatened disclosures would violate Coakley’s confidentiality agreement. The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment.

Copyright 79

Copyright Derivative Work Fair Use Social Media 79

IP and Legal Filings

JUNE 27, 2022

PART 2: of the blog gives a detail about Copyrights, Industrial Designs, Geographical Indications, Layout Designs of Integrated Circuits, Plant Variety Protection and Trade Secrets. INDUSTRIAL DESIGNS. These are protected under the Designs Act, 2000, corresponding to Design (Amendment) Rules, 2014.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

Trading Secrets

JUNE 24, 2021

As a conclusion to this webinar , we compiled a summary of takeaways: A restrictive covenant is a legal term for a clause in an employment contract (or a standalone agreement) that prevents an employee from doing something. secret) 3) that is economically valuable and 4) subject to reasonable efforts to maintain secrecy.

Contracts 52

Contracts Confidentiality Litigation Business 52

Traverse Legal Blog

MARCH 8, 2022

A trademark can be any word or phrase symbol design combination of things that identifies your goods and services in the marketplace. Your trademark identifies your company as the source of goods and services related to your NFTs and digital assets (the pictures linked to your NFT smart contracts). NFTs are no different.

Non-Fungible Tokens 131

Non-Fungible Tokens Artwork Licensing Branding 131

LexBlog IP

DECEMBER 29, 2022

Protecting Confidential Information and Client Relationships in the Financial Services Industry. Anatomy of a Restrictive Covenant. How and Why Texas Is Different When It Comes to Trade Secrets and Non-Competes. How Multijurisdictional Businesses Should Approach Non-Competes. its training procedures, and its off-boarding policies.

Confidentiality 40

Confidentiality Business Law Contracts 40

The IP Law Blog

JANUARY 12, 2023

Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. . If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

FEBRUARY 2, 2023

It would also require that employers take affirmative steps to rescind existing non-compete clauses and explicitly inform workers that the contracts are no longer effective. If a post-employment covenant merely seeks to eliminate competition and is not designed to protect a legitimate business interest, it will not be enforced.

Blogging 52

Blogging Confidentiality Business Editing 52

azrights

APRIL 22, 2021

The new currency in the digital world is information, ideas, know-how, brands, systems, and data. You can safeguard your know-how, secure your contracts, or start franchising and licensing among many other things. Designers and marketers are not IP experts, so cannot fill this vacuum. All these activities involve creating IP.

IP 52

IP Intellectual Property Branding Brands 52

Indiana Intellectual Property Law

JULY 12, 2021

Per the Complaint, Jarman, Criblez, and Kolb all signed confidentiality agreements in connection with their Watch employment. Watch is suing for false designation of origin and unfair competition under the Lanham Act, 15 U.S.C. 1836 for knowingly misappropriating trade secret information. Code § 24-2-3-1 et seq.

Cease and Desist 52

Cease and Desist Confidentiality Business Designs 52

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. By extension, the operator of the domain is a suspected criminal.

Advertising 69

Advertising Advertising Reporting Intellectual Property 69