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  • One Size Does Not Fit All Trade Secrets

    5/17/22

    In Brief:   The type of trade secret drives reasonable measures of secrecy.

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  • Oral Agreement = Copyright Infringement Litigation

    5/3/22

    In Brief:  Oral agreements with independent contractors fuel copyright infringement litigation.

    Read More
  • Coming Into Focus

    4/26/22

    In Brief:  Adopting a portion of someone else’s trademark can lead to a likelihood of confusion.

    Read More
  • Custody Fight Over Passionate Telenovela

    4/19/22

    In Brief: Too many words in a contract term plus course of dealing can cause a bad breakup.

    Read More
  • Field of Trademark Dreams

    4/12/22

    In Brief:   Hoping your team makes it to World Series isn’t enough for trademark use.

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  • “Oops” Trade Secret Disclosure

    3/29/22

    In Brief: Obtaining a trade secret by mistake isn’t always misappropriation.

    Read More
  • Who’s Got the Cheese?

    3/22/22

    In Brief:   An application for a certification mark was dealt a fatal blow by genericide.

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  • Unicolor Gets a Mulligan from the Supreme Court

    3/8/22

    In Brief:  Messing up on a copyright application can be excused.

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  • The Devil is in the Patent Assignment Details

    3/1/22

    In Brief:  An agreement stipulating the rights in a patent is not a present assignment of a patent.

    Read More
  • Decision Sucks for “.sucks”

    2/22/22

    In Brief: A generic top level domain name needs something more to be a trademark.

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  • All the Way Missing

    2/15/22

    In Brief:   It takes some work to prove up a missing copyright assignment.

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  • Certified Delicious

    2/8/22

    In Brief:  Don’t use a trademark that would cause confusion with a certification mark.

    Read More
  • Lips Aren’t the Same as Drawing Tools

    2/1/22

    In Brief: Design patents have to stay in their lane.

    Read More
  • Non-Sticky Trade Secrets Get Released

    1/25/22

    In Brief:  Identifying a trade secret with specificity is the key to protection.

    Read More
  • Fifty Shades of Gray Market Goods

    1/18/22

    In Brief:  The First Sale Doctrine doesn’t always apply to gray market goods.

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  • Copyright Public Domain Class of 2022

    1/11/22

    In Brief:  Each year, a new crop of creative works go into the public domain.

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  • The 2021 Crippys – The IP Criminals Hall of Fame

    1/4/22

    In Brief:  It’s time to acknowledge those who achieved infamy by committing Intellectual Property crimes during 2021.

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  • If at First You Don’t Succeed

    12/21/21

    In Brief:  Decisions by the Trademark Trial and Appeal Board don’t always have a preclusive effect on further litigation.

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  • Spinal Fusion

    12/14/21

    In Brief: Generally, a patent has to disclose all enabling features of the invention. However, an invention can be partially protected by a patent and partially protected by trade secrets.

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  • You Can’t Go Back

    12/7/21

    In Brief:  If you intend to get your trademarks back after a transfer, be sure that’s what your documents say.

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  • Tick, Tick, Statute of Limitations

    11/30/21

    In Brief:  Pay attention and act fast or you may blow the statute of limitations.

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  • Reckless Disregard = Fraud

    11/16/21

    In Brief: Doing no investigation before signing a USPTO document is considered fraud and can result in cancellation of a trademark registration.

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  • Sorry C3PO and R2D2, You Can’t Be Inventors

    11/9/21

    In Brief:    Artificial intelligence (AI) cannot be deemed an “inventor” under the US Patent Act.

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  • Opposition to Trademark Split at the Seams

    11/2/21

    In Brief: How to fail to prove a trademark is generic.

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  • You Can’t Make Him Drink

    10/26/21

    In Brief: A former employee can’t always be forced to assign a patent to a former employer.

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