Tag Archives: trade secrets

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

Posted on November 20, 2017 by rtushnet

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 →

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“Herbal” doesn’t include animal products

Posted on September 19, 2017 by rtushnet

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 →

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

Posted on August 30, 2017 by rtushnet

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 →

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“Local” can be falsifiable representation of fact

Posted on July 25, 2017 by rtushnet

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 →

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Internet surveys are admissible (but may raise IRB concerns)

Posted on April 26, 2017 by rtushnet

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 →

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Reading list: IP in the criminal justice system

Posted on March 9, 2017 by rtushnet

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 →

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Don’t sell a business and then keep running it

Posted on October 17, 2016 by rtushnet

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 →

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Sociology and Psychology of IP, Session 3: What can we learn from IP-free zones?

Posted on September 10, 2016 by rtushnet

Discussion leaders: Kate Darling: attribution as something that people want rather than money in “negative spaces.” They know they can monetize their reputations.  Systems of self-governance often differ from those of formal law.  Attribution preference is not just about fairness/ego. … Continue reading →

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Sociology and Psychology of IP, Session 3: What can we learn from IP-free zones?

Posted on September 10, 2016 by rtushnet

Discussion leaders: Kate Darling: attribution as something that people want rather than money in “negative spaces.” They know they can monetize their reputations.  Systems of self-governance often differ from those of formal law.  Attribution preference is not just about fairness/ego. … Continue reading →

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Showing irreparable harm isn’t easy

Posted on January 25, 2016 by rtushnet

Pruvit Ventures, Inc. v. ForeverGreen International LLC, — F.Supp.3d —-, 2015 WL 9876952 No. 15-CV-571 (E.D. Tex. Dec. 23, 2015) (magistrate judge)   Defendants moved for a preliminary injunction on their counterclaims involving dietary suppplements.  Defendant Axcess is the exclusive … Continue reading →

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