LexBlog IP

JULY 19, 2023

New Developments in China Trade Secret Litigation by Founders Legal China’s Growing Focus on Intellectual Property: The Beijing IP Court Steps Up Protections Trade secrets have become increasingly important in today’s globalized business environment, serving as vital intangible assets for many companies.

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Litigation Intellectual Property IP Intellectual Property Law 40

Patent Trademark Blog

DECEMBER 11, 2023

Patent agents do not litigate and, therefore, have little to no infringement experience. Trademark attorneys who are not registered with the USPTO patent bar cannot file patents. To win a patent violation on the e-commerce platform, you need an Amazon patent attorney with experience in infringement litigation.

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Patent Patent Infringement Licensing Litigation 52

Technology & Marketing Law Blog

MARCH 13, 2022

LVSA sued Groupon for trademark infringement. Melwani sued Amazon for trademark infringement, dilution, and more. With respect to the trademark claim, the court says the Ninth Circuit’s Multi-Time Machine v. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. Purchaser Care.

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SpicyIP

DECEMBER 21, 2022

In a case concerning allegations of trademark infringement by cybersquatting and passing off, Delhi High Court imposed damages worth a whopping INR 2 Crores on the Defendant! Am I missing any crucial Commercial Courts Act or litigation angle here? Image from here. Reckitt Benckiser India Ltd. Please let me know in your comments. .

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Confidentiality Trademark Litigation Reporting 111

IP Tech Blog

FEBRUARY 15, 2023

Employment or cooperation agreements must ensure confidentiality and include proper non-compete-clauses to avoid risk of theft by employees or other unauthorized parties. This will help avoid surprises from the application of unfamiliar Chinese laws and regulations.

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Intellectual Property Due Diligence Ownership IP 113

LexBlog IP

APRIL 5, 2023

Employers will now have one less tool to prevent former workers, including both former employees and independent contractors, from starting a competing business using trade secrets or other confidential information gained from their former employment.

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Confidentiality Intellectual Property Business Patent Prosecution 52

Patently-O

FEBRUARY 17, 2023

DTSA fully opened the federal courts to trade secret litigation as well as added several new features, including an ex parte seizure remedy and whistleblower immunity. David Almeling and Victoria Cundiff are two of the most experienced trade secret litigators in the nation. DTSA added to the large and growing federal caseloads.

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Litigation Intellectual Property Business Government 105

BYU Copyright Blog

APRIL 25, 2022

As detailed in our previous posts, Columbia's allegations in this litigation have centered on EIF's alleged attempts to usurp control of the prestigious Encyclopaedia Iranica project (the "Encyclopaedia") and the legacy, publication rights, trademarks, and numerous copyrights associated with it.

False Advertising 52

False Advertising Copyright Infringement Confidentiality Advertising 52

Technology & Marketing Law Blog

FEBRUARY 16, 2022

Edible Arrangements objected to Google selling its trademark to trigger keyword ads. They filed a trademark lawsuit in 2018 but abandoned the suit when it got sent to arbitration. The court says that trademark law: permits the use of trade names as long as referencing other brand names does not confuse consumers and is not deceptive.

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IP Advertising Advertising Trademark Law 127

Technology & Marketing Law Blog

MAY 13, 2023

Kudos to Nicolet Law for surviving the motion to dismiss, but I’m wondering if it will ultimately regret filing this lawsuit–either because its trademark gets busted or because it made a federal case out of nothing. Troia * Trademark Owner F s Around With Keyword Ad Case & Finds Out–Las Vegas Skydiving v. LoanStreet v.

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Law Advertising Advertising False Advertising 92

Technology & Marketing Law Blog

AUGUST 30, 2023

The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. A rival, Colibri, displayed in the trademark in its Google keyword ads, but it claims it has stopped doing so after the lawsuit was filed. The litigants directly compete. ” Relatedness of goods.

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Advertising Advertising False Advertising Trademark 86

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Trademarks: Trademarks safeguard brand names, logos, symbols, or phrases that distinguish a startup’s products or services from competitors’ Registering a trademark ensures exclusive usage and prevents others from causing confusion among consumers.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

Patently-O

JANUARY 10, 2023

What Every Patent and Trademark Lawyer Should Understand About the MPEP, TMEP, and Other Guidance: How to Use (and Defend Against) the MPEP to be a Better Advocate, by David Boundy – Boundy.2021.HowToUseGuidance.pdf. Cotter, Is Global FRAND Litigation Spinning Out of Control , 2021 PatentlyO Law Journal 1 (2021) ( Cotter.2021.GlobalFRANDLitigation

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Journalism Trademark Patent Patent Law 56

Patent Trademark Blog

MARCH 18, 2022

This is where trademarks play a role. Unlike patents, the role of a trademark is not to signify something new, but rather to indicate the source of the product or service. Trademarks can last indefinitely. Unlike patents, trademarks do not necessarily need to be registered in order to be protectable.

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 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. So, what exactly is the trademark owner fighting for here? This is a bad ad buy by Allied, AND it’s a bad trademark enforcement decision by Porta-Fab. So why did I say the case was stupid?

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Advertising Advertising False Advertising Trademark 103

SpicyIP

MARCH 25, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the new Patent (Amendment) Rules, and some thoughts on safeguards which can be used by intermediaries to prevent trademark infringement. Anything we are missing out on? Drop a comment below to let us know. Image from here F- Hoffmann -La Roche Ag & Anr v.

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Trademark Patent Copyright Confidentiality 52

LexBlog IP

SEPTEMBER 25, 2023

In later articles, the use of AI in software development, intellectual property issues, and confidentiality concerns, among other issues, will be explored. One major concern is confidentiality, to include protecting valuable trade secrets. What is AI?

Confidentiality 52

Confidentiality Intellectual Property Marketing Marketing 52

Technology & Marketing Law Blog

DECEMBER 19, 2021

Earlier this year, I blogged a ruling holding that Seeking Arrangements’ trademark infringement claim against Luxy could proceed because Luxy included Seeking Arrangements’ purported trademarks in its keyword metatags. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

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Advertising Advertising Settlement Trademark 107

LexBlog IP

APRIL 10, 2023

This is because most of the relevant intellectual property laws involving patents, trademarks, copyrights, and trade secrets are federal laws, which apply uniformly throughout the United States. important;}} The Four Pillars of Intellectual Property: Patents, Trademarks, Copyrights and Trade Secrets I.

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Intellectual Property Intellectual Property Law Registration Trademark 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. Nippon Shinyaku and Sarepta entered into a Mutual Confidentiality Agreement (“MCA”) to for the purpose of discussing a proposed transaction. Patent and Trademark Office …. emphasis added).

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Contracts Intellectual Property Patent Infringement Government 98

LexBlog IP

FEBRUARY 15, 2023

Employment or cooperation agreements must ensure confidentiality and include proper non-compete-clauses to avoid risk of theft by employees or other unauthorized parties. This will help avoid surprises from the application of unfamiliar Chinese laws and regulations.

Intellectual Property 52

Intellectual Property Due Diligence Ownership IP 52

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

The defendants bought competitive keyword ads on Adler’s trademarks, which Adler objected to. The district court initially dismissed Adler’s trademark claims , but the Fifth Circuit unfortunately revived the claims citing initial interest confusion (UGH). LoanStreet v. Second Circuit Says: Great, Have a Nice Day!–1-800

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Advertising Advertising False Advertising Trademark 83

LexBlog IP

JANUARY 26, 2022

In Canada, there are practising patent agents and trademarks agents who are not lawyers. The College of Patent Agents & Trademark Agents (CPATA) is the recently created regulator of patent and trademark agents in Canada in respect of their agency practises. Prothonotaries, appointed under the Federal Courts Act (s.

Patent 52

Patent Invention Intellectual Property Litigation 52

Traverse Legal Blog

MARCH 8, 2022

In this video, we will also examine the legal strategies each project got right on trademark registration and copyright licensing. What Is A Trademark & How Does It Impact NFT Drops? A trademark can be any word or phrase symbol design combination of things that identifies your goods and services in the marketplace.

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Non-Fungible Tokens Artwork Licensing Branding 131

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Please let us know in the comments below. Read on to know more!

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Trademark Registration Copyright Patent 59

Fish & Richardson Trademark & Copyright Thoughts

APRIL 28, 2022

Without a comprehensive trade secret strategy, trade secret owners risk the loss of their intellectual property assets and expose themselves to the risk of trade secret misappropriation litigation. Such unauthorized use of another company’s intellectual property assets can expose a company to trade secret misappropriation litigation.

Confidentiality 52

Confidentiality Intellectual Property Contracts Litigation 52

Patently-O

OCTOBER 4, 2021

We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued. We estimate that ~90% of patent litigations initiated in 2020 included a patent with an effective filing date before the AIA transition date of March 16, 2013. Who’s Suing Us? COVID-19Impact).

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Art Journalism Patent Law Invention 126

Technology & Marketing Law Blog

JULY 25, 2021

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. Aliign sued lululemon for trademark infringement. Want to Engage in Anti-Competitive Trademark Bullying? Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. 1-800 Contacts v.

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Advertising Advertising Settlement Trademark 106

SpicyIP

NOVEMBER 8, 2023

They included stories of the Patent Agent examination, the Indian Innovation Act, the opening of the Trademark database, the presumption of patent validity, and the South Asian Basmati fights and more. It bears noting, however, that confidentiality may be a valid concern and shouldn’t be just disregarded for transparency alone.

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Trademark Publishing Journalism Copyright 59

Technology & Marketing Law Blog

AUGUST 17, 2021

Jim Adler runs a personal injury law firm that claims trademarks in JIM ADLER, THE HAMMER, TEXAS HAMMER, and EL MARTILLO TEJANO. It bids on the Adler trademarks for “click-to-call” keyword ads. ” Adler sued for trademark and related claims. ” Adler sued for trademark and related claims.

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Advertising Advertising Trademark Settlement 105

IP Tech Blog

FEBRUARY 24, 2022

Court of Appeals for the Federal Circuit has issued a precedential opinion about forum selection clauses (FSC) in confidentiality agreements. In the first case, Kannuu and Samsung entered into an NDA “to further a business relationship between the parties” and to protect confidential information. Patent and Trademark Office.

Intellectual Property 57

Intellectual Property Confidentiality Patent Infringement Licensing 57

Traverse Legal Blog

NOVEMBER 16, 2021

issued patents , pending patent applications, registered trademarks, pending trademark applications , copyrights , trade secrets , etc.) Are there any active litigation and/or administrative proceedings (e.g. What security measures does the target take to make sure that its trade secrets remain confidential?

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Due Diligence IP Intellectual Property Invention 75

Patently-O

OCTOBER 4, 2021

We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued. We estimate that ~90% of patent litigations initiated in 2020 included a patent with an effective filing date before the AIA transition date of March 16, 2013. Who’s Suing Us? COVID-19Impact).

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Journalism Art Patent Law Invention 105

SpicyIP

DECEMBER 5, 2022

Delhi High Court decreed the suit in favor of the Plaintiff and inter alia directed the Defendant to assign its trademark ‘Saptrishi Sandhi Sudha India’ in favor of the Plaintiff, as undertaken by it in its affidavit. Delhi High Court declared ITC’s ‘Bukhara’ to be a well-known trademark. on 25 November, 2022 (Delhi High Court).

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Trademark Registering Trademarks Registration IP 105

LexBlog IP

JANUARY 4, 2022

One of the most important tools to protect your business – your ideas (copyrights, trademarks, trade secrets, confidential and proprietary information), customer relationships and talent pool – is your written contract. Review Your Contracts Every Year. Starting with a form is just OK.

Contracts 52

Contracts Business Confidentiality Privacy 52

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

Troia claimed that he did not use the LoanStreet trademark in commerce. However, the court points out that he referenced the trademark in keyword ads (the court cites Google’s upper-left labeling to reinforce the point), which normally would be a use in commerce. Penn Engineering asserts trademark rights in the term “PEM.”

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False Advertising Advertising Advertising Trademark 98

LexBlog IP

APRIL 13, 2023

Patent trolls leverage the litigation system to negotiate settlements for less than the cost of defending against a lawsuit. Patent trolls normally prefer to keep their operations as confidential as possible, as I wrote about in connection with the District of Delaware. .” How can you tell?

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Patent Troll Settlement Licensing Confidentiality 52