Intellectual Property Law
Questions Answered
Patent, Trademark, Copyright, Trade Secret, and other Intellectual Property Law
Find Answers to Trending Topics in
Why is a judiciary committee reviewing claims of patent litigation venue shopping in the US federal District Court of the Western District of Texas?
Supreme Court Justice John Roberts has acquiesced to the Senate Judiciary Committee’s Subcommittee on Intellectual Property’s request to review the US District Court of the Western District of Texas for patent litigation venue shopping.
How is Google’s Street View settlement agreement important in privacy rights class action litigation?
Google allowed to settle Street View class action litigation with settlement payment to advocacy groups directly.
What is the status of the copyright infringement litigation against Taylor Swift?
Since 2017, music star Taylor Swift has been involved in a protracted legal dispute over her 2014 song “Shake it Off” with claims of copyright infringement.
What has been revealed in the litigation involving Taylor ice cream machines?
Kytch sued Taylor for trade secret infringement involving a device used to diagnose McDonald’s ice cream machines.
Can intellectual property infringement be considered a per se physical taking of property?
Olive argues that the University of Houston System infringed his copyrighted materials by taking aerial photographs of the Houston skyline that are unauthorized, and as such, qualify as a per se physical taking that violates the Fourteen Amendment’s due process obligations as well as the Fifth Amendment’s Taking Clause.
What factors help decisions with transfer of venue in litigation cases?
Google and Apple won on appeal to have venue transferred to California in cases brought in Texas.
How can innocent companies avoid trademark infringement of third-party marks?
Buc-ee’s sued for trademark infringement claiming the use of a similar name, similar use of font and colors, is evidence of an attempt to trade off the Buc-ee’s brand.
What’s the recent buzz about Strawberry Pop-Tarts?
A court will have to agree that reasonable consumers would have the mistaken belief that strawberry pop-tarts are advertised falsely for a class action against Kellogg’s to proceed.
Why did Edie Parker’s estate lawsuit end with finding the Lanham Act preempts rights of publicity?
A federal court sided with Edie Parker trademark owner against right of publicity claims from Edie Parker’s estate.
What makes trade secret information protectable?
In Life Spine, Inc. v. Aegis Spine, Inc. the court blocked a former distributor and parent company from selling devices that incorporated trade secret information.
When is copyright infringement considered a criminal offense?
Copyright infringement can be considered criminal. Three employees were found guilty of high theft crime for copyright violations.
Why is there a Class Action involving Siri?
A federal district court gave the go-ahead to a suit brought by plaintiffs claiming that Apple’s “Siri” recorded private conversations.
How could Nike’s stance against customization art by Drip Creationz create a negative effect?
Brand protection and the issue with customization art.
Why might the CFAA now have less scope of protection?
How the Supreme Court narrowed the definition of “authorized access” in CFAA, computer fraud cases.
Is it legal to get served litigation via a social media account?
Texas is now allowing substitute service of process using social media accounts.
Why is the Discord platform in trouble of being shut down?
Discord facing legal issues after being sued by Coretek claiming patent infringement.
How can credibility be best reflected by legal counsel during Zoom legal hearings?
Showing credibility through videoconferencing like Zoom hearings, depositions, and trials can be difficult. However, some basic tips for presentation, organization, and advance preparation can help.
How can patent damages be taxed as capital gains?
A recent trend sees patent damages being treated as capital gains for income tax purposes.
Why is the Ninth Circuit’s decision with application of the DTSA considered a landmark decision?
A court determines that a continued use provision identified within the DTSA should allow for retroactive application in misappropriation cases.
How does private browsing work and what privacy can truly be expected?
The expectation of privacy in choosing “private browsing” when surfing the Internet may have either been misconstrued or have been intentionally misleading. A California class action suit aims to hold Google accountable for claims of alleged privacy violations.