Tag Archives: trade secrets

despite rejecting Lanham Act PI, court enjoins D from making negative statements about P in public if prospective customers might see

Posted on December 11, 2025 by rtushnet

Red Sense LLC v. Bohuslavskiy, 2025 WL 3539968, No. 25cv12281 (EP) (AME) (D.N.J. Dec. 10, 2025) This case illustrates that tortious interference has a small remaining scope—where there’s no “commercial advertising or promotion” because of the failure to solicit a … Continue reading →

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Tiktok’s other, smaller legal problem

Posted on April 29, 2024 by rtushnet

Beijing Meishe Network Technology Co. v. Tiktok Inc., 2024 WL 1772833, No. 23-cv-06012-SI (N.D. Cal. Apr. 23, 2024) Skipping the copyright and trade secrets part of the case. (In brief: Meishe argued that Tiktok copied its code via an employee … Continue reading →

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WIPIP Session 1: AI

Posted on February 2, 2024 by rtushnet

Nikola Datzov, Can AI Keep a (Trade) Secret? We’ve funneled IP protection for AI generated inventions/information to trade secrecy w/o patent or copyright for human authors/inventors. But it’s narrow protection b/c there are no choices. How can we trust AI … Continue reading →

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IPSC Closing Plenary Session

Posted on August 4, 2023 by rtushnet

An Author/Reader Conversation about Jessica Silbey, Against Progress: Intellectual Property and Fundamental Values in the Internet Age (2022) Robert Brauneis: Three layers—(1) object of discovery: creator and innovator accounts, concerns, what kind of conditions support/hinder them in their work; (2) … Continue reading →

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Transatlantic Dialogue Workshop Institute for Information Law (IViR) Amsterdam Law School Part 2: Data Access

Posted on June 29, 2023 by rtushnet

Impulse Statement: Christophe Geiger: Relevance to © exceptions and limitations—access to © protected work is important for this work. Research organizations have exception in © Directive and also are vital to DSA, so we must look at both. Only digital … Continue reading →

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WIPIP SESSION 8.A. — IP Theory (partial)

Posted on February 22, 2021 by rtushnet

Ester van Zimmeren, University of Antwerp Exploring Trust Building Mechanisms for Specialized Intellectual Property Courts CJEU patent court hasn’t entered into force, but there are local and regional bodies. Question: will users trust a new court? Trust in the court … Continue reading →

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IP writing competition for law students

Posted on February 17, 2021 by rtushnet
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burden is on Ds to show unprotectability of what they copied

Posted on May 26, 2020 by rtushnet

Compulife Software Inc. v. Newman, 2020 WL 2549505, No. 18-12004, No. 18-12007 (11th Cir. May 20, 2020) The opinion sums up: The very short story: Compulife Software, Inc., which has developed and markets a computerized mechanism for calculating, organizing, and … Continue reading →

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9th Circuit panel divides on evidence of injury in false advertising case

Posted on May 4, 2020 by rtushnet

VBS Distribution, Inc. v. Nutrivita Laboratories, Inc., — Fed.Appx. —-, 2020 WL 2086557, No. 18-56317 (9th Cir. Apr. 30, 2020) The parties compete in the market for nutritional supplements and television programs. VBS sued for Lanham Act and California state … Continue reading →

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1201 claim to control device features survives

Posted on April 17, 2020 by rtushnet

Philips North America, LLC v. v. Summit Imaging Inc., 2020 WL 1515624, No. C19-1745JLR (W.D. Wash. Mar. 30, 2020) But I was told that after Lexmark and Chamberlain, manufacturers weren’t using §1201 claims to control devices! The parties compete to … Continue reading →

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