Category: Intellectual Property

Washington Redskins Trademark in Flux

The Washington Redskins’ trademark registration has been cancelled by the Patent and Trademark Office (“PTO”) after petition by members of the Navajo Nation, Paiute Indian Tribe of Utah, Kiowa Tribe of Oklahoma and Muscogee Nation of Florida.  The PTO found that the Redskins’ six registrations were obtained contrary to Section 2(a), 15 U.S.C 1052(a), which …

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Permanent link to this article: http://betweenthenumbers.net/2014/06/washington-redskins-trademark-in-flux/

Spring Break Turns Sour for Investor

In the matter of Division Entertainments, LLC and Wicks Walker v. Spring Breakers LLC and Muse Productions, Inc. et al., Mr. Walker asserts that he was denied a return of his investment, along with an additional profit, because of Defendants’ breach of contract via improper business practices and faulty accounting.  Mr. Walker, a technology entrepreneur …

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Permanent link to this article: http://betweenthenumbers.net/2014/05/spring-break-turns-sour-for-investor/

New Federal Option to Fight Trade Secret Theft

A bipartisan bill by U.S. Senators Chris Coons and Orrin Hatch called the Defend Trade Secrets Act was recently introduced to build on the Economic Espionage Act of 1996 and create a federal private right-of-action for theft of corporate trade secrets, providing the same federal protections available for patents, trademarks, and copyrights. The bill’s sponsors estimate …

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Permanent link to this article: http://betweenthenumbers.net/2014/05/new-federal-option-to-fight-trade-secret-theft/

Non-competitor can get false advertising damages

In Lexmark Int’l, Inc. v. Static Control Components, Inc., (U.S., No. 12-873, 3/25/14), the U.S. Supreme Court recently determined that a company can assert a false advertising claim against a non-competitor under Section 43(a) of the Lanham Act if it can “show economic or reputational injury flowing directly from the deception wrought by the defendant’s …

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Permanent link to this article: http://betweenthenumbers.net/2014/04/non-competitor-can-get-false-advertising-damages/

Internal Audit’s Top Priorities Include Social Media

Protiviti’s 2014 Internal Audit Capabilities and Needs Survey Report queried more than 600 internal audit professionals about the social media risks that threaten their businesses.  The five largest are: Financial loss Interrupted business continuity Loss of intellectual property Loss of employee productivity Viruses and malware However, despite this awareness of the risks, many companies are still not adequately …

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Permanent link to this article: http://betweenthenumbers.net/2014/03/internal-audits-top-priorities-include-social-media/

New Path for Accelerated Discovery Requires Immediate Expert Assistance

The Eastern District of Texas is well known for its intense patent activity and already provides early disclosure of infringement and invalidity contentions to facilitate faster resolution of these cases.  The Court has now taken similar action by providing an option for accelerated damage discovery, including requiring a two week turnaround between defendant’s production of …

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Permanent link to this article: http://betweenthenumbers.net/2014/03/new-path-for-accelerated-discovery-requires-immediate-expert-assistance/

Court strikes expert for “parroting”

In Plantronics, Inc.v. ALIPH, Inc, ALIPH was successful in its bid to exclude the report of Plaintiff’s infringement expert in this case involving the fit of ear buds.  The Court found that the expert did very little analysis in order to conclude infringement: “Professor Katz never conducted any quantitative analysis (i.e., size, measurements, dimensions, or …

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Permanent link to this article: http://betweenthenumbers.net/2014/03/court-strikes-expert-for-parroting/

Liability Extended to Employees for Underreported License Fees

A recent case in the Canadian courts took the unusual step of extending liability to the employees working for the entity who underreported licensing royalties.  Plaintiff XY and Defendant JingJing entered into a licensing agreement for use of technology.  The Court found that JingJing breached the terms of the contract and falsified its records in …

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Permanent link to this article: http://betweenthenumbers.net/2014/02/liability-extended-to-employees-for-underreported-license-fees/

How Much is Michael Worth?

The IRS is taking serious issue with Michael Jackson’s estate over the value of various assets upon which taxes are due.  According to a recent article in the Los Angeles Times (“LAT”), there is over a billion dollar discrepancy between the value reported by his estate after his 2009 death and the amount concluded by …

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IRS rules on sales-based royalties treatment

The IRS has determined that for sales-based royalties for tax years ending on or after January 13, 2014, taxpayers can either allocate sales-based royalties entirely to property sold and include those costs in cost of goods sold or allocate sales-based rolaties betwen cost of goods sold and ending inventory using a facts and cirucmstances cost …

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Permanent link to this article: http://betweenthenumbers.net/2014/02/irs-rules-on-sales-based-royalties-treatment/