Category Archives: trade secrets

Another circuit agrees that Dastar-barred claims can’t be repled as false advertising

Posted on August 7, 2015 by rtushnet

Kehoe Component Sales Inc. v. Best Lighting Products, Inc., — F.3d —-, No. 14–3347, 2015 WL 4635824 (6th Cir. Aug. 5, 2015)   Best asked Kehoe (“Pace”) to make specialized lighting products for Best.  After Pace made enough units to … Continue reading →

Posted in contracts, dastar, http://schemas.google.com/blogger/2008/kind#post, tortious interference, trade secrets, trademark | Leave a comment

ISHTIP at Penn, part 2

Posted on July 22, 2015 by rtushnet

Early Career, Panel 2 | Fiona Macmillan (Birkbeck, University of London), Moderator   Monica Huerta (Duke University) | Some Singularities, Like the Human Face   Famous Sarony photo of Oscar Wilde: signature at bottom is photographer’s.  Problem of photographic copyright, … Continue reading →

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Plaintiff is over a barrel without a protectable trade secret

Posted on June 10, 2015 by rtushnet

Giles Const., LLC v. Tooele Inventory Solution, Inc., 2015 WL 3505309, No. 2:12–cv–37 (D. Utah June 3, 2015)   Giles alleged that the defendants, including individuals, improperly disclosed and used its trade secrets related to barrel processing and pricing, resulting … Continue reading →

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Don’t start a competing business using your boss’s equipment

Posted on May 29, 2015 by rtushnet

Nedschroef Detroit Corp. v. Bemas Enterprises LLC, 2015 WL 2453511, No. 14–10095 (E.D. Mich. May 22, 2015)   Defendants Rigole and LePage were Nedschroef employees in Detroit who formed a competing company, Bemas, while still working for Nedschroef. Nedschroef makes … Continue reading →

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former founder’s overclaiming not enough for likely success on false association

Posted on April 8, 2015 by rtushnet

Infogroup, Inc. v. DatabaseLLC, — F.Supp.3d —-, 2015 WL 1499066, No. 8:14–CV–49 (D. Neb. Mar. 30, 2015)   The parties compete in the market for databases about consumers and businesses.  Individual defendants are all former employees of Infogroup, including Vinod … Continue reading →

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picture of refurbished equipment wasn’t literally false passing off

Posted on March 19, 2015 by rtushnet

Stolle Machinery Co., LLC v. RAM Precision Industries, — Fed.Appx. —-, 2015 WL 1137429, No. 13–4103 (6th Cir. Mar. 16, 2015)   Stolle makes used to produce food and beverage cans. Stolle’s former employee, Shu An moved back to China, … Continue reading →

Posted in copyright, dastar, http://schemas.google.com/blogger/2008/kind#post, trade secrets | Leave a comment

WIPIP Session 4, Cross-IP

Posted on February 6, 2015 by rtushnet

Mark Lemley (& Mark McKenna), Scope   Midnight in the Garden of Good & Evil copyright infringement case.  Court rejects invalidity claim: the photo has some creative elements.  So it has to go to a jury on infringement. But we … Continue reading →

Posted in copyright, design patent, http://schemas.google.com/blogger/2008/kind#post, patent, trade secrets, trademark | Leave a comment

Dastar-barred claim survives both as false advertising and false designation

Posted on January 30, 2015 by rtushnet

Advanced Fluid Systems, Inc. v. Huber, 28 F. Supp. 3d 306 (M.D. Pa. 2014)   AFS sued Huber for violations of the Lanham Act, the CFAA, the Pennsylvania Uniform Trade Secrets Act, and various common law claims.  AFS designs and … Continue reading →

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Dial U for unfair competition?

Posted on January 20, 2015 by rtushnet

Liveperson, Inc. v. 24/7 Customer, Inc., 2015 WL 170348, No. 14 Civ. 1559 (S.D.N.Y. Jan. 13, 2015)   LivePerson “provides customers with live-interaction and customer engagement technology for e-commerce websites, enabling businesses to interact in real-time with their website customers.”  … Continue reading →

Posted in cfaa, copyright, dmca, drm, http://schemas.google.com/blogger/2008/kind#post, trade secrets, unfairness | Leave a comment

Accusation of "instability" actionable but use of generic term isn’t confusing

Posted on January 1, 2015 by rtushnet

EndoSurg Medical, Inc. v. EndoMaster Medical, Inc., No. GJH–14–2827, 2014 WL 7336691 (D. Md. Dec. 19, 2014)   Plaintiff EndoSurg makes endoscope replacement components, and plaintiff EndoCure makes custom rigid and small diameter flexible endoscopes.  (Endoscopic surgery requires inserting an … Continue reading →

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