
Intellectual Property Law
Questions Answered
Patent, Trademark, Copyright, Trade Secret, and other Intellectual Property Law
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Why was OpenX found guilty of privacy law violations?
Although OpenX claimed it does not market directly to children, it was found guilty of COPPA and other privacy violations and fined $2 million.
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 are tech companies working to heighten app privacy standards?
Google and Apple are implementing changes in their app stores to help raise standards for consumer privacy in mobile apps.
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 is DoorDash against a new NYC law regarding sharing of consumer information?
DoorDash has challenged a New York City law that requires food delivery app services, such as DoorDash and UberEats, to share the personal information of customers that have used their delivery app services after they complete orders.
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.
Why should trademark owners beware of trademark scams?
Trademark owners, with their marks canceled or abandoned due to trademark scams, should seek out experienced trademark counsel when attempting to re-establish their registration rights.
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.
Can Artificial Intelligence be listed as a patent inventor?
Thaler seeks to get its artificial intelligence (AI) neural network, DABUS, be recognized as a patent inventor in the U.S.
What did the Supreme Court define as limitations to the doctrine of Assignor Estoppel?
Read about how the Supreme Court outlined three scenarios of limitations on assignor estoppel in patent cases.
How could Nike’s stance against customization art by Drip Creationz create a negative effect?
Brand protection and the issue with customization art.
How can IP enforcement programs help companies with brand protection and counterfeiting issues?
How to design and implement an IP enforcement program for the best cost benefit.
Why are changes to COPPA being considered?
Read about representative Castor’s proposed changes to the PRIVCY Act and COPPA aimed to better protect children and teenagers online.
Why did Tiffany settle with Costco after a long trademark dispute against Costco’s use of the Tiffany name?
Read about how Tiffany & Co. worked to best defend against infringing use of its mark while also protecting against the potential for invalidation of its mark.