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Features

How Ticket Software Lost Trade Secret Protection Image

How Ticket Software Lost Trade Secret Protection

Richard Raysman & Peter Brown

Trade secret protection applies only to confidential information. In almost all circumstances, broadcasting to the world the intricate details and applications of a trade secret extinguishes whatever “property right” an entertainment industry holder once possessed. What is a sufficient method of contractually notifying a software user of the trade secret status of certain information is a closer question.

Features

How Ticket Software Lost Trade Secret Protection Image

How Ticket Software Lost Trade Secret Protection

Richard Raysman & Peter Brown

According to a recent case from the U.S. District Court for the Southern District of New York involving live-event ticket sales, a purported holder of a trade secret cannot omit a confidentiality provision from its terms of use and then claim trade secret status afterward.

Features

Takeaways from the Swift End to <i>Waymo v. Uber</i> Image

Takeaways from the Swift End to <i>Waymo v. Uber</i>

Ross Todd

The details might not be quite as dramatic as they were in <i>Waymo v. Uber</i>, but lawyers expect trade secrets to continue to be a fertile source for litigation.

Features

An IP Protection Primer for Entertainment Tech Startups Image

An IP Protection Primer for Entertainment Tech Startups

Dr. Dariush Adli

The tech-heavy entertainment industry is an active field for tech startup companies developing potential patents and trade secrets. But many cash conscious startups are forced to initially neglect protection planning for these intellectual property assets, instead allocating scarce resources to set up and initial operation costs. This article suggests some practical and economical steps for startups, especially those with tight finances, to protect what may become valuable patents and trade secrets.

Features

Date Approaches for Start of EU Trade Secrets Directive Image

Date Approaches for Start of EU Trade Secrets Directive

Jonathan S. Cohen

In 2016, concerns about protecting trade secrets in the European Union resulted in Directive (EU) 2016/943 of the European Parliament and of the Council of June 8, 2016. Directive (EU) 2016/943, which will impact the entertainment industry, seeks to protect undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure.

Features

Preventing Insider Trading at Biopharma Companies Image

Preventing Insider Trading at Biopharma Companies

Scott R. Jones

Biopharma companies and their insiders often possess material, nonpublic information. And since company equity usually makes up a large part of insiders' compensation, legal issues arise when they have access to such information and want to trade their equity.

Features

Protecting Product Packaging and Product Configuration Image

Protecting Product Packaging and Product Configuration

Marcus S. Harris

Registering and protecting product designs is challenging. Preliminarily, trade dress cannot be registered or protected as a trademark if it is functional — if it is “essential to the use or purpose of the article or it affects the cost or quality of the article.”

Features

Trade Secrets Litigation: The No-Longer-Forgotten Part of the Tech IP Arsenal Image

Trade Secrets Litigation: The No-Longer-Forgotten Part of the Tech IP Arsenal

Zach Warren

<b><i>With Massive Jury Rewards and the DTSA Encouraging Federal Litigation, Trade Secrets Litigation Is Seeing a Surge in the Tech Industry</b></i><p>These days, many of the big IP litigation battles involving companies like Facebook, Uber, and Epic, have nothing to do with patents, trademarks or copyrights at all. Instead, it's all about the perhaps forgotten part of IP: trade secrets.

Features

Entertainment Industry: Take Note Of Surge in Trade Secrets Litigation Image

Entertainment Industry: Take Note Of Surge in Trade Secrets Litigation

Zach Warren

Intellectual property battles in technology, including in the entertainment industry, are nothing new, but their nature might be shifting. These days, many of the big IP litigation battles have nothing to do with patents, trademarks or copyrights. Instead, it's all about trade secrets.

Features

Emerging Issues In the DTSA's Second Year Image

Emerging Issues In the DTSA's Second Year

Robert B. Milligan & D. Joshua Salinas

One year after its enactment, the Defend Trade Secrets Act (DTSA) continues to be one of the most significant and closely followed developments in trade secret law. The less than 70 reported DTSA cases to date provide an early glimpse into how courts may interpret the statute going forward and what early concerns about the statute may have been exaggerated.

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