LexBlog IP

OCTOBER 1, 2022

alleging a pizza franchisee failed to maintain the confidentiality of Texas pizza chain CiCi Enterprises LP’s trade secrets after two affiliates inked a development deal with competitor, Papa John’s. 4] In addition to its federal and state trade secrets claims, CiCi Enterprises alleged a breach of contract. .”

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Confidentiality Intellectual Property Litigation Ownership 52

The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts. emphasis added).

Contracts 98

Contracts Intellectual Property Patent Infringement Government 98

IPilogue

MARCH 8, 2023

This article was originally published on the OBA’s Information Technology and Intellectual Property Law Section’s articles page. This situation is exacerbated by the risk of litigation, as lawsuits are a legitimate consequence of a privacy breach.

Privacy 106

Privacy Confidentiality Litigation Reporting 106

Patently-O

APRIL 25, 2023

Hrdy , Professor of Intellectual Property Law at University of Akron School of Law Are NDAs unenforceable when they protect more than trade secrets? NDAs have also not traditionally been treated as contracts in restraint of trade , like noncompetes are. Guest post by Camilla A. The standard answer is no.

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Confidentiality Contracts Intellectual Property Law Journalism 52

IP Tech Blog

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. Second, AB 1076 introduces a notice requirement.

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Law Contracts Confidentiality Business 57

Fish & Richardson Trademark & Copyright Thoughts

APRIL 28, 2022

Despite the value trade secrets create for companies that hold them, they are often-overlooked intellectual property assets. But, unlike patents, trade secrets require their owners to take affirmative steps to maintain the intellectual property protection they provide. What Are Trade Secrets?

Confidentiality 52

Confidentiality Intellectual Property Contracts 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. Second, AB 1076 introduces a notice requirement.

Law 52

Law Contracts Confidentiality Business 52

43(B)log

DECEMBER 12, 2022

Windstream has a 2-year contract. With Spectrum there are no contracts. Plus, we will buy you out of your current contract up to $500.” interference with the Windstream entities’ contracts with their customers by the mailing campaign. Will they be able to provide the Internet and TV services you rely on in the future?

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False Advertising Advertising Advertising Contracts 59

LexBlog IP

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts. emphasis added).

Contracts 52

Contracts Intellectual Property Patent Infringement Government 52

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.

Law 52

Law Contracts Business Confidentiality 52

LexBlog IP

MAY 9, 2022

Trade secret litigation presents a variety of procedural and practical complexities at every stage of the proceeding. The issue is further exacerbated because adverse litigants in trade secret cases are frequently industry competitors. After all, both parties likely want their sensitive documents protected from disclosure.

Confidentiality 52

Confidentiality Litigation Privacy Contracts 52

LexBlog IP

FEBRUARY 27, 2024

We also noted that this theory could wreak havoc on routine employee departure litigation by creating a turf war between the court system and the NLRB. In response, the company filed a lawsuit against the now-former employee, alleging breach of contract, breach of fiduciary duty, and misappropriation of trade secrets.

Confidentiality 52

Confidentiality Settlement Contracts Business 52

LexBlog IP

NOVEMBER 28, 2023

However, commonly overlooked is the fact that the underlying image or media fragment in a meme is someone’s intellectual property, and thus subject to potential legal implications if used improperly. Often, memes transform and grow as viewers and sharers add new, individualized glosses to the underlying media. Warner Bros.

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Fair Use Intellectual Property Settlement Business 52

LexBlog IP

NOVEMBER 9, 2022

Doubly so in trade secret/non-compete litigation. million damages award, with about $500,000 awarded under the misappropriation claim and $3 million under the breach of contract claim. Third, the district court awarded the amount of placement fees that the recruiter received as damages for breach of contract. Jowers , No.

Contracts 52

Contracts Confidentiality Litigation Law 52

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. CargoSprint, LLC , No.

Confidentiality 52

Confidentiality Contracts Licensing Litigation 52

Indiana Intellectual Property Law

JUNE 28, 2022

1030 and committed Breach of Contract. By the end of her employment, Boutell occupied a key executive role wherein she had access to virtually all of Peoplelink’s confidential, proprietary, and trade secret information. 1832 , the Computer Fraud and Abuse Act (CFAA) 18 U.S.C. Accessing any other Peoplelink computers or networks.

Confidentiality 40

Confidentiality Contracts Business Litigation 40

Traverse Legal Blog

MARCH 8, 2022

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). Just like Luis Vuitton can shut down counterfeiters of similar bags, so can your NFT project if you set the correct foundation protecting your intellectual property rights.

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Non-Fungible Tokens Artwork Licensing Branding 131

LexBlog IP

AUGUST 11, 2021

Invariably, businesses identify this type of information as proprietary and trade secret in their employee confidentiality agreements and handbooks and subject them to duties of confidentiality. ” Whiteslate, LLP , 2021 WL 2826088, at *6. .” ” Whiteslate, LLP , 2021 WL 2826088, at *6. ” Id.

Confidentiality 52

Confidentiality Contracts Business Litigation 52

LexBlog IP

FEBRUARY 23, 2023

in nominal damages for contract and trade secret claims against a former employee, citing the immateriality of defendant’s breach and plaintiff’s failure to prove a fair licensing price for its misappropriation damages. The District of Maryland recently awarded a software developer a mere $1.00 In AirFacts, Inc.

Licensing 52

Licensing Contracts Litigation Confidentiality 52

LexBlog IP

MARCH 27, 2023

ChatGPT responded with the following, which for the most part is accurate, but gets details such as the “founding date” wrong: Marshall Gerstein is a law firm based in Chicago, Illinois, that specializes in intellectual property law. Instead, OpenAI treats the matter as one of ownership via contract law. ” Id.

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Intellectual Property IP Inventor Copyright 52

LexBlog IP

MAY 22, 2023

Understanding Forced Arbitration Forced arbitration, also known as mandatory or binding arbitration, is a legal process typically included in contracts. Bias Towards Businesses Arbitration can be biased towards the organization that drafted the contract, usually a business. The Risks of Forced Arbitration 1.

Contracts 40

Contracts Business Confidentiality Litigation 40

LexBlog IP

MARCH 29, 2022

With the ever increasing move towards remote working, more and more out-of-state employers may find themselves in a California court pursuing or defending against claims that arose from an employment agreement that was ostensibly supposed to be litigated outside of California. The Superior Court, 75 Cal. 5th 844 (2022).).

Litigation 52

Litigation Contracts Confidentiality Government 52

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. It is only by keeping up with the newest laws and court pronouncements that litigants can hope to prevail in this ever-changing landscape.

Confidentiality 52

Confidentiality Law Contracts Business 52

LexBlog IP

OCTOBER 18, 2023

3] On July 21, 2023, Aicon Art moved to disqualify the Law Firm from representing Aicon Contemporary in the litigation, alleging that Aicon Art and Aicon Contemporary had jointly retained the Law Firm to assist in preparing the Toor Agreement and related logistics. [4] 11] The decision provides a lesson for art market participants.

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Art Confidentiality Law Artwork 40

LexBlog IP

FEBRUARY 10, 2023

The complaint, filed on January 20, 2023, alleges that State Farm illegally submitted personal and confidential information about Plaintiffs’ insurance claims, including medical treatment information, to Verisk / ISO for inclusion in an immense database it maintains. . (“ISO”) in Middlesex County, New Jersey, Case No.

Privacy 40

Privacy Confidentiality Contracts Law 40

LexBlog IP

DECEMBER 6, 2022

All of the measures that are adopted to protect an innovation under the trade secret regime must be duly documented so that, in the event of litigation, the right owner may be able to provide evidence of the effective measures adopted to ensure the confidentiality of information, which is valued precisely for being kept secret.

Patent 52

Patent Confidentiality Invention Government 52

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. Litigation challenging the enforceability of the rule is almost sure to ensue, and the U.S.

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Blogging Confidentiality Business Editing 52

Patently-O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

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Litigation Reporting Settlement Government 125

Trading Secrets

JUNE 3, 2022

The defendant former employee was provided access to plaintiff’s confidential information during employment, including strategies on how to secure winning bids and information about plaintiff’s existing and potential clients. Reasonable Secrecy Efforts/Confidentiality to Protect Trade Secrets. See Hebert v. Unum Group , Case No.

Law 59

Law Confidentiality Designs Design 59

Technology & Marketing Law Blog

DECEMBER 15, 2021

The Lenz case got a lot of press, but it ended with a confidential settlement. To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The 512(f) plaintiff wins after 3 years of litigation and a bench trial. As a result, we’ve seen very, very few successful 512(f) enforcements.

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Registration Fair Use Copyright Designs 111

Indiana Intellectual Property Law

JULY 12, 2021

Per the Complaint, Jarman, Criblez, and Kolb all signed confidentiality agreements in connection with their Watch employment. Second, Watch is seeking damages for breach of the confidentiality agreements allegedly signed by Jarman, Criblez, and Kolb. 1125(a) for the mark “Watch Communications.”

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Cease and Desist Confidentiality Business Designs 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. An opt-in scheme could address the confidentiality concerns of IP owners.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. An opt-in scheme could address the confidentiality concerns of IP owners.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. An opt-in scheme could address the confidentiality concerns of IP owners.

Technology 52

Technology Patent IP Invention 52

Trading Secrets

DECEMBER 19, 2023

The Protecting American Intellectual Property Act signed on January 5, 2023, is designed to help American businesses from trade secret theft by foreign actors. Commercial Litigation Outlook: Insights and Predictions for Litigation Trends in 2023 View the Recording – CLE for this recording expires on February 6, 2024.

Confidentiality 52

Confidentiality Litigation Business Law 52

Trading Secrets

JANUARY 19, 2022

the Defend Trade Secrets Act (“DTSA”), and a breach of contract claim as to the mutual Nondisclosure and Restricted Use Agreement (the “NDA”) executed by the parties in July 2014. Code §§ 134A.001 The court held Vita failed to prove either the existence of a trade secret or misappropriation by Foro.

Patent 52

Patent Designs Design Confidentiality 52

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets. .

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IP Intellectual Property Social Media Cease and Desist 98