Category Archives: trade secrets

A case peppered with TM and advertising issues

United Tactical Systems v. Real Action Paintball, Inc., 2014 WL 6788310, No. 14-cv-04050 (N.D. Cal. Dec. 2, 2014) UTS sued RAP4 mostly over the trademark PepperBall; the court granted a preliminary injunction based on some of its claims.  Nonparty PepperBall … Continue reading

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litigation grab bag includes another nail in IIC coffin

EarthCam, Inc. v. OxBlue Corp., 2014 WL 4702200, No. 1:11–cv–02278 (N.D. Ga. Sept. 22, 2014) Mostly a trade secret case where EarthCam alleged that every scrap of information about it was a trade secret.  The parties compete in the market … Continue reading

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Mark Lemley is our king

But then, you knew that anyway.  Here, have a list of the most cited IP articles over the past ten years, compiled with diligent effort by Ted Sichelman.  http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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false advertising about design in the absence of secondary meaning?

Brian Lichtenberg, LLC v. Alex & Chloe, Inc., No. CV 13–06837, 2014 WL 3698317 (C.D. Cal. July 25, 2014) Brian Lichtenberg (Brian) designs clothing and accessories, including parodies of designer brands, such as “Homiès” as a play on “Hermès” and … Continue reading

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IP in the UK

Sir Robin Jacob, Daniel Alexander QC, and Matthew Fisher, Guidebook to Intellectual Property (6th ed.): With dry humor, this book surveys British IP law for nonlawyers/business student types.  I’m not in a position to comment too much on substance.  In … Continue reading

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Comparisons and copying of business model aren’t infringement or false advertising

Garden Catering-Hamilton Avenue, LLC v. Wally’s Chicken Coop, LLC, 2014 WL 810821, No. 3:11cv1892 (D. Conn. Feb. 28, 2014) Garden Catering alleged that its former employee, Michael Natale, prepared to open a rival restaurant, Wally’s, while employed by Garden Catering, … Continue reading

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distributor’s switch to direct sourcing leads to Lanham Act claim

Alpha Pro Tech, Inc. v. VWR Intern. LLC, No. 12–1615, 2013 WL 6179065 (E.D. Pa. Nov. 26, 2013) One way to tell the story of this complaint: company decides to outsource production of a flagship product to China, gets burned … Continue reading

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