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29 Jun 0
Coke trade secret protections

New U.S. Federal Trade Secrets Law, New Litigation Options

This blog post is the second in a two-part series covering a new trade secret law, the Defend Trade Secrets Act of 2016 (DTSA). This post focuses on the differences between this new federal trade secret law, state laws, and the Economic Espionage Act of 1996 (EEA) (which provides criminal liability for trade secret misappropriation […]

23 Jun 0
trade secret

Understanding The New Federal Trade Secret Law

When it comes to trade secret protection, there’s a new sheriff in town. Congress recently updated the Economic Espionage Act of 1996 (EEA), and as part of that update, it created a brand new federal trade secret protection law. Shockingly, and in a rare flash of solidarity, the U.S. Senate unanimously passed the law, and […]

15 Jun 0

U.S. Supreme Court Supports Punishing Patent Pirates with Enhanced Damages Awards

Much like Congress, legal pundits, and IP stakeholders, in the last few years, the U.S. Supreme Court has shown great interest in tinkering with the balance of power, litigation costs, and risks associated with the current intellectual property system in an effort to find ways to better support their underlying policies. This term, the Supreme […]

13 Jun 0

Making the Trump Name Drumpf Again?

The 2016 presidential contest once again pushed trademark law into the news. A few weeks ago, it was the Democrats. Now it’s the Republicans. Well, sort of. John Oliver’s late-night show aired a segment critical of Republican presidential candidate Donald Trump. In the segment, Oliver pointed out that the Trump family name was originally “Drumpf” […]

7 Jun 0

Oracle’s APIs are Copyrighted, But Jury Decides Google’s Android Software Use is “Fair”

Many software companies, developers, and legal eagles have been watching Oracle’s and Google’s face-off over the question of whether Google’s Android software infringes a copyright Oracle acquired through its purchase of Sun Microsystems. After 6 years of legal wrangling, a jury recently found that Google’s Android system does not infringe Oracle’s copyright in Java code […]

18 May 0

Cheerleading Fashions Copyright Clash

Can you copyright your fashions? In general, clothing designs: i.e., the cut and design of articles of clothing, are not protected by copyright law because the statute expressly excludes protection for “useful articles.” One of the murkiest issues in copyright law is how to determine what transforms a “useful article” otherwise not protected by copyright […]

13 May 0

Political Satire Gets ‘Berned’ on IP Laws

The 2016 Presidential election campaign is in full swing and the world of IP law is not immune from it. But we aren’t talking about policy positions, we’re talking trademark and copyright. Last month, lawyers for the Bernie Sanders campaign sent a cease and desist letter to political satire gear creator Liberty Maniacs claiming that […]

11 May 0

Your Batmobile Might Be Infringing on IP Rights

Your car can be a copyrighted character. Ok, not really. But the Batmobile is. And other cars in films may be as well. DC Comics sued Gotham Garage for copyright infringement alleging that the custom “Batmobile” cars and car modification kits manufactured by Gotham Garage violated DC Comics’ copyrights. Gotham countered that cars are not […]

5 May 0
2016-05-05 star trek axnar podcast

Star Trek Fan Fiction Gets the Ax-nar from Infringement

Can you copyright a language? Or a species? Or a yellow shirt? CBS and Paramount who own copyrights to the Star Trek television series and movies sued Axnar Productions, Inc. and Alec Peters alleging copyright infringement based on their short film “Prelude to Axnar” and their crowd-funding campaign to produce a feature length film titled […]

28 Apr 0

The Song Remains… Litigated

Back in June of 2014, I wrote about a lawsuit by the estate of Randy Craig Wolfe alleging that Led Zeppelin’s 1971 “Stairway to Heaven” infringed the copyrighted 1967 song “Taurus” written by Wolfe and performed by his band, Spirit. Initially filed in Pennsylvania, the case was transferred to the Central District of California. Nearly […]