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Supreme Court Grants Certiorari in Game-Changing Trademark Appeals

Continuing to feed its appetite for trademark rulings, the U.S. Supreme Court has recently granted petitions for certiorari of two Second Circuit decisions implicating trademark law. The first case could change the burden of proof for recovering an infringer’s profits as damages in trademark disputes, while the second case may limit a defendant’s ability to … Continue Reading

Federal Trade Secrets Act is Now Law!

Today, President Obama signed into law the Defend Trade Secrets Act. This blog posted an article on the topic last Friday in anticipation of the bill becoming law. The new law takes effect upon enactment (“(e) Effective Date–The amendments made by this section shall apply with respect to any misappropriation of a trade secret (as defined in section 1839 of … Continue Reading

On the Eve of Enacting The Defend Trade Secrets Act

The United States is about to enact The Defend Trade Secrets Act, an overwhelmingly bipartisan effort to provide a federal law civil claim for misappropriation of trade secrets. It is anticipated that President Obama will sign the bill, and it will be effective for acts that occur on or after the date of enactment. Technically an amendment … Continue Reading

Scorched! What Happens to a Brand When a Spokesperson Does the Unthinkable? (Part II)

As my partner, Kathleen Petrich, mentioned in her recent post, Subway took quick action to distance itself from Jared Fogle upon learning of the investigation into his alleged involvement with child pornography. Subway’s actions included removing reference of Jared from its website and from the thousands of Subway restaurants. But how can Subway do that when … Continue Reading

Latest Football Video Game Decision Prompts Concerns Over Constitutional Analysis in Right of Publicity Cases

The Ninth Circuit Court of Appeals recently handed down the latest in a string of opinions in the continuing battle of former athletes—both professional and amateur—against video game creators whose games depict athletes’ names, images, or personally identifying statistics, uniforms, or other attributes. The holding in Davis v. Electronic Arts Inc. was consistent with previous athletes-v.-video-games decisions, both … Continue Reading

Think Your Independent Contractor Is Prohibited From Disclosing Your Trade Secrets? Think Again.

A recent case out of Massachusetts held that, as a matter of law, in the absence of a confidentiality agreement (or a formal confidentiality policy), an independent contractor was free to disclose a company’s trade secrets, including customer names, pricing information, business processes and work flow patterns, information about business relationships with other companies, and … Continue Reading

Canada’s Powerful New Anti-Spam Act Goes into Effect July 1, 2014: Are You Ready?

Canada is about to launch the most aggressive and powerful anti-spam legislation that the global community has yet to experience. And it goes into effect on July 1, 2014. Canada’s Anti-Spam Legislation (CASL) expands the definition of spam and requires consent to receive “CEM” (commercial electronic message), as opposed to the U.S. “opt out” system. Violations have big ramifications—fines … Continue Reading

WSBA 19th Annual Intellectual Property Institute – March 21

The Washington State Bar Association, in partnership with the WSBA Intellectual Property Section, is holding their Annual Intellectual Property Institute seminar on Friday, March 21 at the Washington State Convention Center. Attending the full-day seminar is a great way to receive timely updates on IP issues and also network with colleagues. The well-regarded seminar runs concurrent … Continue Reading