Category: Intellectual Property

Happy Tax Alleges False Advertising Claim Against H&R Block

Happy Tax is a smaller, lesser known competitor to H&R Block, one of the leaders in the tax preparation industry.  Happy Tax alleges that H&R Block misleads the public by advertising its upfront and transparent pricing plan is available “only from H&R Block.” Happy Tax contends this pricing strategy was Happy Tax’ innovation, and that it …

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Permanent link to this article: https://betweenthenumbers.net/2019/01/happy-tax-alleges-false-advertising-claim-against-hr-block/

When Litigation Proceeds Are Taxable

Economic damages should return a plaintiff to the position they would have been in “but for” the underlying improper act[s] by the defendant.  They should not provide a windfall to plaintiff.  In a similar vein, whether such damages are taxable is generally related to how the proceeds would have been treated if obtained in the …

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Permanent link to this article: https://betweenthenumbers.net/2019/01/when-litigation-proceeds-are-taxable/

Rihanna sues her father over use of their shared name

Although many people know her simply as Rihanna, the worldwide superstar’s full name is Robyn Rihanna Fenty. Rihanna has trademarked the name “Fenty” and used it for various branded ventures, most notably her successful beauty line Fenty Beauty.  Certainly the name has value and is worth protecting.   As reported by TMZ, Rihanna is currently endeavoring to …

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Permanent link to this article: https://betweenthenumbers.net/2019/01/rihanna-sues-her-father-over-use-of-their-shared-name/

Defend Trade Secrets Act Provides Federal Protection from Misappropriation

Defend Trade Secrets Act “DTSA” now provides federal protection against and remedies for trade secret misappropriation that previously existed via the state courts.  DTSA defines a  trade secret as: “All forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, …

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Permanent link to this article: https://betweenthenumbers.net/2019/01/defend-trade-secrets-act-protects-against-misappropriation/

Federal Circuit Allows Flexibility in Determining Royalty Rate

The US Court of Appeals for the Federal Circuit’s recent decision in Exmark Manufacturing Company  v. Briggs & Stratton Power Products Group, LLC (January 2018) validates that there is no clear-cut method to value a patented invention’s contribution to a larger, multi-component product (aka apportionment).  Specifically, the Federal Circuit stated that “…apportionment can be addressed …

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Permanent link to this article: https://betweenthenumbers.net/2018/04/federal-circuit-allows-flexibility-in-determining-royalty-rate/

Patent Feature Double Count Sinks Damages Calculation

Finjan, Inc. (‘Finjan”) vs. Sophos, Inc. (“Sophos”) is a patent infringement action involving 14 different claims related to six different patents for computer and network security technology.  Many patented products, particularly those involving technology, use more than one patent.  As described in this related article, a damage analyst in this situation will often need to …

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Permanent link to this article: https://betweenthenumbers.net/2016/09/patent-feature-double-count-sinks-damages-calculation/

$26 Million Settlement to Hollywood Filmmakers Over Home Video Royalties

The $26 million settlement between Universal City Studios and a class of Hollywood filmmakers has been tentatively approved.  The filmmakers believed they had been underpaid based on miscalculated royalties associated with profits from home-video sales. Unfortunately underpayment of royalties is all too common and many fail to properly manage their agreements.  One critical tool against …

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Permanent link to this article: https://betweenthenumbers.net/2015/08/26-million-settlement-to-hollywood-filmmakers-over-home-video-royalties/

“Blurred Lines” Infringement Verdict Is In

The copyright infringement case brought by the estate of Marvin Gaye against the popular musicians Robin Thicke, Pharrell Williams, and “T.I”, as well as their respective record companies, was decided by jury verdict on March 10th. The jury awarded the Gaye estate $7.4 million in damages, to be paid by Thicke and Williams, with the …

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Permanent link to this article: https://betweenthenumbers.net/2015/03/blurred-lines-infringement-verdict-is-in/

Internet Real Estate Continues to Evolve with New gTLDs

The Internet Corporation for Assigned Names and Numbers (“ICANN”) announced that over 500 new generic top-level domains (“gTLDs”) have now been introduced into the Internet. The milestone 500th gTLD was .NTT, which represents Nippon Telegraph and Telephone. New domains are rolling out at an average of one per day.  ICANN has described its current process as the “Internet’s …

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Permanent link to this article: https://betweenthenumbers.net/2015/02/internet-real-estate-continues-to-evolve-with-new-gtlds/

Defense Asks Court to Let the Witness Speak!

In a recent patent infringement case, a Rule 30(b)(6) deposition (of the person most knowledgeable or “PMK” of a corporation on defined topics) included over 300 objections by plaintiff’s lawyer.  The defense subsequently argued for additional time to re-depose the PMK, claiming that the large number of objections effectively “ran down the clock” and prevented …

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Permanent link to this article: https://betweenthenumbers.net/2015/01/defense-asks-court-to-let-the-witness-speak/