Customs and Border Protection Trademark Letter Rulings: A Valuable and Underused Tool?
Customs and Border Protection service ("CPB"), part of the Department of Homeland Security, offers interested parties the right to request letter rulings ' advisory opinions about contemplated imports.
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IP News
Highlights of the latest intellectual property news from around the country.
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Time-Barred Copyright Ownership Claim Prevents Infringement Claim
The U.S. Court of Appeals for the Second Circuit has ruled that a time-bar for copyright ownership under the statute of limitations also bars a related copyright infringement claim.
Franchising: A Venus Flytrap for Trademark Licensors
Your client gives you a call to let you know that his company just licensed its primary mark to a third party who will sell your client's products on the West Coast, including California and Arizona. Should you be happy for your client, or should a chill go up your spine?
Search Engine Advertising Trademark Claims
In <i>Network Automation, Inc. v. Advanced Systems Concepts, Inc.</i>, the Ninth Circuit: 1) expressly held that the use of a trademark as a search engine keyword for the purpose of triggering advertisements is a "use in commerce" of that trademark under the Lanham Act; but 2) vacated a preliminary injunction, finding that the district court's analysis of consumer confusion in the Internet context was too narrow.
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<b><i>BREAKING NEWS:</i></b> Jury Awards MGA $88.5 Million in Bratz Doll Retrial
A federal jury has rejected Mattel Inc.'s claims that MGA Entertainment Inc. stole the idea for the wildly profitable Bratz dolls, and instead awarded $88.5 million to MGA for trade secrets theft by Mattel.
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IP News
Highlights of the latest intellectual property news from around the country.
Features
Downstream Liability in Trade Secret Litigation After Silvaco
Last year, for the first time, the issue of downstream liability surfaced in the law of trade secret misappropriation. In 2010, a California appellate court held in <i>Silvaco Data Sys. v. Intel Corp.</i> that a software licensee did not know or acquire the secret source code the manufacturer used to make the product and, as a matter of law, it could not be liable for trade secret misappropriation.
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