IP & Technology Law Trends
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Ninth Circuit Says Having an IP Address is Not Enough for Infringement: Cobbler Nevada v. Gonzales
Aug 30, 2018
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Anyone with an internet connection can find copyrighted content to download—legally or illegally. But the Ninth Circuit has now held that the mere fact that a rightsholder can show an individual is connected to the IP address through which illegal do...
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FBI Calls Out Data Privacy and Security Risks with Educational Technology
Educational technology (“EdTech”) such as unified communications programs, educational software, and networked devices has become an integral part of education due to its ability to help educators, students, and institutions manage information, provi...
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Dissecting the PIRATE PISS Decision: Why Beer and Rum Are Still Related Goods (in the TTAB's Opinion) and What Brand Owners Should Do Before Adopting a New Alcohol Brand
For years, the TTAB has affirmed refusals of similar marks covering food and beverage offerings—finding such goods and services to be related. This includes many TTAB decisions finding that alcoholic and non-alcoholic beverages are related (see the T...
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Christian Louboutin Claims Victory in EU Court Trademark Battle Over Its Iconic Red-Soled Shoes
On Tuesday, June 12, 2018, the European Union's (EU) highest court, the Court of Justice of the European Union (the CJEU) (La Cour de justice de l'Union européenne), held that French designer Christian Louboutin's mark consisting of a color applied t...
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Supreme Court Extends Reach of Patentee to Recover Lost Foreign Profits
Jun 25, 2018
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The Supreme Court on Friday held that WesternGeco, LLC ("WesternGeco"), owner of patents for a system used to survey the ocean floor, can recover profits from sales it lost outside the U.S. due to Ion Geophysical Corp.'s ("ION") infringement of its p...
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With Non-Compete Provisions, Let’s Remember the Requirement of a “Protectable Interest”
The strongest approach for an employer hiring someone supposedly bound by a non-competition provision may be to present an argument that the information in question is not information that qualifies as a “protectable interest” to begin with.
Proving...
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