Late last week, the Federal Circuit granted a writ of mandamus in In re Cray, 2017-129 (Fed. Cir. Sept. 21, 2017), overturning Judge Gilstrap’s four-factor test for determining whether a defendant possesses “a regular and established place of business” in a district such that the defendant could be sued for patent infringement in that district. ...

Over the weekend, the Star Tribune continued the growing drum beat of understandable excitement for Super Bowl LII, as it steadily approaches U.S. Bank Stadium in Minneapolis. The article also plays the typical NFL-enabling drum beat of caution against local businesses that might see fit to fairly and truthfully reference the Super Bowl in some... Continue Reading

The post Making Fair Use of the Super Bowl Trademark appeared first on DuetsBlog.

By: Ruth Hoy and James Tighe On 6 September 2017, the EU Commission published its position paper setting out the main principles that will govern its attitude to Brexit negotiations with the UK on intellectual property (the “Paper”).  The Paper sets out 5 General Principles: Principle 1:  European IP rights should continue to retain comparable...… Continue Reading
The Defend Trade Secrets Acts (DTSA) provides an important tool for any company possessing trade secrets to bring a suit in federal court to remedy and prevent dissemination of a misappropriated trade secret. Specifically, under 18 U.S.C. § 1836, the DTSA creates a federal private civil cause of action for trade secret misappropriation in which...
By Memorandum Opinion entered by The Honorable Leonard P. Stark in International Business Machines Corp. v. The Priceline Group Inc. et al., Civil Action No. 15-137-LPS (D.Del. September 18, 2017), the Court, among other things, granted plaintiff International Business Machines Corporation’s (“IBM’s”) motion for summary judgment on no anticipation of the asserted claims of U.S....

In 2016, brands spent $570 million on social influencer endorsements on Instagram alone. This recode article takes a looks at how much influencers with certain followings can command, and whether they’re worth the investment. And don’t overlook the legal issues associated with the use of social media influencers; the FTC just settled its first complaint...

The post Social Links: Social media influencers earn big bucks for endorsements, while the FTC settles a suit against influencers; European court sides with employee axed over emails reviewed by employer appeared first on Socially Aware Blog.

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Chicago pop-up bar “The Upside Down” rode a wave of popularity program all the way to Netflix’s legal department. And that’s where things took an unexpected turn! Okay, that lede could probably be less obviously playful. You might say the same thing about Netflix’s cease-and-desist letter to the operators of “The Upside Down.” Featuring replicas of the Stranger... Continue Reading

The post A Kind Demand Letter? Stranger Things Have Happened (Apologies) appeared first on DuetsBlog.

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The Ninth Circuit has pending before it a significant challenge to the validity of the California Resale Royalty Act (“CRRA”), which will require the court to examine the scope of the “first sale doctrine” and determine whether it is at odds with California’s attempt to establish economic rights for visual artists on subsequent sales of their works.

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