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
By Miller Nash Graham & Dunn LLP on Posted in Uncategorized
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
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
By Miller Nash Graham & Dunn LLP on Posted in Uncategorized
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
By Miller Nash Graham & Dunn LLP on Posted in Uncategorized
Jared Fogle and Subway. The two names went together—Jared became, if not famous, at least well known by his many years as the face (and body) of Subway sandwich shops. And Subway’s famous SUBWAY brand was integrally tied to Jared. Until it all came crashing down in the summer of 2015. Jared seemed like the … Continue Reading
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
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
By Miller Nash Graham & Dunn LLP on Posted in Uncategorized
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
By Miller Nash Graham & Dunn LLP on Posted in Uncategorized
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
The Supreme Court agreed to hear the case Limelight Networks, Inc. v. Akamai Technologies, Inc. case on January 14, 2014 to determine whether the Federal Circuit Court of Appeals was correct in its decision that it no longer takes a single entity (actor) to induce all steps of a method claim.… Continue Reading
