Tag Archives: trade secrets

To the spoliator does not go the victory in corporate betrayal case

OmniGen Research, LLC v. Wang, No. 16-cv-268, 2017 WL 5505041 (D. Or. Nov. 16, 2017) After OmniGen successfully moved for a default judgment in its favor due to spoliation of evidence, the court awarded damages on OmniGen’s trade secret, false … Continue reading

Posted in Uncategorized | Tagged , , , , | Leave a comment

“Herbal” doesn’t include animal products

VBS Distribution, Inc. v. Nutrivita Laboratories, Inc., — Fed.Appx. —-, 2017 WL 4118381, No. 17-55198 (9th Cir. Sept. 15, 2017) VBS makes a commercial television live auction show named “DAU GIA TREN TRUYEN HINH” (“Fight Price on Television”). It primarily … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

Comparison to former licensor’s products isn’t trademark infringement

Alpha Pro Tech, Inc. v. VWR Int’l, LLC, No. 12-1615, 2017 WL 3671264 (E.D. Pa. Aug. 23, 2017) APT sued VWR, a competitor in the market for nonwoven, disposable laboratory apparel for use in clean rooms and similar environments. VWR … Continue reading

Posted in Uncategorized | Tagged , , , | Leave a comment

“Local” can be falsifiable representation of fact

Bimbo Bakeries USA, Inc. v. Sycamore, No. 13-cv-00749, 2017 WL 3089011 (D. Utah Apr. 28, 2017) Leland Sycamore invented the process and formula for making Grandma Sycamore’s Home-Maid Bread and subsequently received federal trademark protection for part of the packaging’s … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

Internet surveys are admissible (but may raise IRB concerns)

Bimbo Bakeries USA, Inc. v. Sycamore, No. 13-cv-00749, 2017 WL 1377991 (D. Utah Mar. 2, 2017) Bimbo charged that defendants misappropriated its trade secret for making Grandma Sycamore’s Home-Maid bread, and infringed on its trade dress related to the packaging … Continue reading

Posted in Uncategorized | Tagged , , , | Leave a comment

Reading list: IP in the criminal justice system

Rebecca Wexler, Life, Liberty, and Trade Secrets: Intellectual Property in the Criminal Justice System Abstract From policing to evidence to parole, data-driven algorithmic systems and other automated software programs are being adopted throughout the criminal justice system. The developers of … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

Don’t sell a business and then keep running it

Electrology Laboratory, Inc. v. Kunze, 169 F.Supp.3d 1119 (D. Colo. 2016) Larry Paul Kunze a/k/a Lorenzo Kunzel sold his family business, plaintiff ELI (d/b/a Rocky Mountain Laser College/RMLC), “but couldn’t give it up. So, as the evidence revealed, even while … Continue reading

Posted in Uncategorized | Tagged , , , , | Leave a comment