Understanding Trade Secrets: Are You Sworn To Secrecy?

Tesla has accused one of its engineers of stealing trade secrets.  More specifically, downloading 26,000 sensitive files, which uncovered a wide range of business processes, creating a roadmap to Tesla’s innovation.  Companies experience threats to their intellectual...

Patent Eligibility and Alice… Not Who, But What?

Patent Eligibility: Is your invention eligible for patent protection? The Supreme Court landmark decision concerning patent eligibility in Alice Corp. v CLS Bank International (decided June 19, 2014), brought to the forefront Section 101 of the U.S. Patent Act, which...
Copycats, Counterfeits And Fakes Oh My!

Copycats, Counterfeits And Fakes Oh My!

Trademark is Key to a Successful Takedown of Counterfeits Counterfeiting was already a billion-dollar industry with the internet being a major enabler of its global growth.  The rate of digital transformation is unstoppable, and COVID-19 has forced shoppers to rely...

Pandemic Relief Bill Includes Significant Trademark Law Changes

President Trump signed the Trademark Modernization Act (TMA) on December 27, 2020, which contains significant trademark law changes, as part of the coronavirus relief bill.  Consumers rely on trademarks to know the source of the products they are buying.  The United...

Plain Packaging: Don’t Judge a Book by Its Cover?

How do you find the one you want? The International Trademark Association (INTA) held its annual meeting in November, bringing together 3,340 participants from 110 countries virtually, to address concerns in brand restrictions.  The most extreme form of restriction,...

Counterfeiters Will Be Capitalizing On COVID-19 This Holiday Season

As Americans feast on turkey and count their blessings this year, retailers and counterfeiters are preparing for four days of the world’s largest shopping event of the year.  The economic shift to online shopping created by COVID has already created more opportunities...

The Modernization Of Title 17 Section 512

Section 512 of Title 17 was enacted in 1998 as part of the Digital Millennium Copyright Act (DMCA).  Since its enactment 22 years ago, there have been dramatic and rapid changes to the internet, but the DMCA has not been changed to accommodate today’s global high-tech...