Entries tagged: intellectual property

New Bill May Change Nation’s Trade Secret Laws

By: Eryn Truong, Esq.

Posted: May 27th, 2014

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A new bill has been introduced in Congress seeking to add a federal civil cause of action for trade secret theft. The “Defense of Trade Secrets Act of 2014″ would permit a trade secret owner to bring a civil action for a violation of the Economic Espionage Act, which makes the theft or misappropriation of […]

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“Dumb Starbucks” – Is this Coffee Shop an Art Gallery?

By: Eryn Truong, Esq.

Posted: February 27th, 2014

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A new coffee shop mocking Starbucks opened in Los Angeles in early February and quickly gained nationwide attention. The store looks identical to the typical Starbucks, but with the exception of the word “dumb” prefixed to the title and menu items. Dumb Starbucks is not affiliated with Starbucks Corporation, and the company claims that their […]

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Non-Disclosure Agreements – A Lesson to Be Learned

By: Eryn Truong, Esq.

Posted: January 18th, 2014

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A non-disclosure agreement (NDA) is typically used between companies to protect confidential information during a potential transaction. Every NDA, however, is different. The specific terms and provisions in the NDA determine whether your trade secrets would be protected upon disclosure. Accordingly, each NDA should be tailored and specific to the transaction. A recent case decided […]

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Supreme Court to Hear Case Challenging the Face of Broadcast Television

By: Lauren Kanter-Lawrence, Esq.

Posted: January 18th, 2014

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Just about the only thing that the broadcast networks and the founders of Aereo—a service that sells live television programming online—can agree on is that the technology will fundamentally change the broadcast network business. On January 10, 2014, the Supreme Court agreed to hear the dispute between television broadcasters and Aereo, a New York-based technology start-up […]

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Benefits of Copyright Registration

By: Eryn Truong, Esq.

Posted: November 24th, 2013

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Many artists, especially entrepreneurs who are just starting off, often start talking to others about their work without realizing that they may be disclosing too much. Their creative ideas or works are assets, and if they do not establish ownership of these assets, the assets could be lost. Artists often do not realize how important […]

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Cease and Desist Letter Imposes Reasonable Remedial Measures

By: Eryn Truong, Esq.

Posted: September 22nd, 2013

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According to a recent decision, recipients of cease and desist letters should do more than perform cursory remedial measures. Consistent with similar situations in the U.S. Court of Appeals for the Seventh, Ninth and Second Circuits, the Sixth Circuit affirmed liability of a flea market operator for contributory trademark infringement for failure to stop the […]

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Use of Designer Handbags Images Leads to False Advertising Suit

By: Eryn Truong, Esq.

Posted: July 28th, 2013

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Designer fashion label Michael Kors recently filed suit against Costco in the U.S. District Court for the Southern District of New York for falsely advertising that Michael Kors products were sold at Costco. This action arose from an email that Costco sent to its customers offering handbags on sale for $99.99. The email used images […]

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Obama Plans to Take Action Against Patent Trolls

By: Eryn Truong, Esq.

Posted: June 28th, 2013

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President Obama announced earlier this month a set of executive actions directed at cracking down on patent-holding firms that interfere with competition and abuse the patent system. The Wall Street Journal reports that these “patent trolls” are forcing technology companies, financial institutions and others into costly lawsuits to protect their products by collecting large numbers […]

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Second Circuit Holds that Appropriation Art Constitutes Fair Use

By: Eryn Truong, Esq.

Posted: May 29th, 2013

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In a recent decision, Cariou v. Prince1, the Second Circuit held that 25 works of appropriation art that incorporated original copyrighted photographs constituted fair use under the Copyright Act, 17 U.S.C. § 107. Appropriation art is the “more of less direct taking over into a work of art a real object or even an existing […]

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License is Required for Playing Music in Public Establishments

By: Eryn Truong, Esq.

Posted: April 23rd, 2013

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Business owners should be advised that a license is required for any public performance of music. Some owners are unknowingly playing music in their restaurants, bars, gyms, and storefronts from CDs, iPods, or MP3 players in violation of Copyright Laws. What is needed are public performance rights — the right to play music that the […]

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