Intellectual Property Law
This blawg provides up-to-date information on intellectual property law.
Author: Sheppard Mullin is an 480-attorney law firm with offices in California, New York, Shanghai and Washington, D.C. It also writes Antitrust Law, Bankruptcy and Restructuring, Corporate and Securities Law, Fashion and Apparel Law, FCC Law, AdBriefs, Labor and Employment Law and Real Estate and Construction Law.
Blawg Related Categories: Intellectual Property Law • Copyright Law • Legislation & Lobbying • Law Firm
Recent Posts from Intellectual Property Law
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Federal Circuit Clarifies Standard For Proving "Fraud" in Trademark Renewals
On August 31, 2009, the United States Court of Appeals for the Federal Circuit issued a decision holding that, in order for a trademark registration to be canceled on the basis of fraud, the party…
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426,000 Patent Applications Filed in China During First Half of 2009
The Chinese government’s emphasis on boosting innovation might be proving fruitful. According to the latest statistics from the State Intellectual Property Office (“SIPO”), the government entity responsible for prosecuting patents, there were 426,000 patent applications…
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Removal of UPC Codes Constitutes Trademark Infringement
On June 19, 2009, in Zino Davidoff SA v. CVS Corp., the Second Circuit enjoined CVS, a national retail chain, from removing unique production codes ("UPC") from Davidoff product packaging for its "Cool Water" fragrances…
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What Is the Jurisdictional Pre-Requisite for Copyright Litigation?: Do Denim v. Fried Denim
On June 17, 2009, Judge Laura Taylor Swain of the Southern District of New York dismissed the copyright claims of jeans maker Do Denim against rival manufacturer Fried Denim Inc., holding that the mere filing…
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Branded: Product Placement and Video Games
Video games and feature films have a lot in common. Both tell stories and have exciting visuals and music. Although one is "interactive," recent Blu-ray HD discs are now turning linear films into more immersive,…
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Joseph Abboud Is Back: Personal Name Trademark Controversy Continues
On June 10, 2009, the Second Circuit vacated a summary judgment decision that permanently enjoined menswear designer Joseph Abboud from making commercial use of his own name. J.A. Apparel Corp. v. Abboud, No. 08-3181-cv, 2009…
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California Passes New Electronic Discovery Act Effective Immediately
On June 29, 2009, Governor Schwarzenegger signed into law California's Electronic Discovery Act, which is effective immediately. All discovery propounded or responded to must now comply with the new law. These rules are very similar…
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Employers Should Carefully Consider Whether To Sue Former Employees For Threatened Trade Secret Misappropriation Based On Recent California Court of Appeal Decision Awarding Over $1.6 Million To Former Employees
A recent decision by a California Court of Appeal should give employers pause before they use California's trade secret laws to try to stifle competition in violation of California law. In the case of FLIR…
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An Advertising Face-Off: Images and the Right of Publicity
The California Supreme Court heard oral argument on June 3 in an important “right of publicity” case, Christoff v. Nestle USA Inc. Issues included whether the single publication rule applicable to mass communication-based torts applies…
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Does Edwards v. Arthur Anderson Bar The Use of Employee Confidentiality Agreements?
In Edwards v. Arthur Andersen, the California Supreme Court reaffirmed California's strong public policy against covenants not to compete. The primary issue in Edwards was whether the Ninth Circuit's "narrow restraint" exception was a proper…