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Inventors and researchers often enter into agreements with other parties to develop, patent, and commercially exploit their inventions. But does such an agreement create a fiduciary relationship or is it nothing more than a simple contractual relationship? The answer to...
The California Supreme Court has given additional protections to manufacturers faced with products liability suits. Following the lead of other state and federal courts, California courts will now apply the “sophisticated user” doctrine. Under this doctrine, a manufacturer cannot be...
A recent Texas appellate decision highlights the difficulties that may arise when claiming that a particular product formula constitutes a trade secret. In Global Water Group, Inc. v. Atchley, 2008 WL 82241 (Tex. App. – Dallas 2008, n.p.h.), the Texas...
The Massachusetts Appeals Court ruled on January 15 that when parties accept the terms of a settlement agreement via e-mail, the settlement agreement is enforceable. In the midst of a jury-waived trial, plaintiff Basis Technology Corporation and defendant Amazon.com, Incorporated...
A recent decision from the Ninth Circuit clarifies the circumstances under which a company may be held liable for contributory copyright infringement. In Perfect 10, Inc. v. Amazon.com, Inc., 2007 WL 4225819 (9th Cir. 2007), Perfect 10, a website selling...
A recent decision by the Ninth Circuit will affect the ability of companies seeking to recover for trademark infringement and counterfeiting to also be awarded their attorney’s fees. In K&N Engineering, Inc. v. Bulat, 2007 WL 4394416 (9th Cir. 2007),...
The New York Court of Appeals has rejected the application of the “famous” or “well known” marks doctrine under New York law. Companies concerned about infringement of unregistered marks in New York state should be aware that claiming their mark...
Businesses interested in copyrighting works should review a recent First Circuit decision making it clear that a prerequisite for a copyright is access to the original work. The court held that a reconstruction of the work was insufficient to meet...
Businesses involved in California appeals should review a recent decision by the California Court of Appeal clarifying when a party that prevails in an appeal can seek an award of appellate attorney’s fees. In Butler-Rupp v. Lourdeaux, 65 Cal.Rptr.3d 242...
Companies often require their employees to sign covenants not to compete as part of an employment arrangement. These covenants may include a forum-selection clause and/or a choice-of-law clause, requiring that any lawsuit arising out of the covenant be brought in...
In an important case for businesses concerned about potential liability for data security breaches, the United States Court of Appeals for the Seventh Circuit has held that plaintiffs who only sought damages for future credit monitoring and emotional distress did...
The United States Court of Appeals for the Second Circuit has tightened its once-liberal policy with respect to oral arguments. The court has adopted Interim Local Rule 34, which limits the circumstances under which parties to an appeal will be...
In choosing to file a lawsuit, a business should always contemplate the possibility that it might face a subsequent claim for malicious prosecution should the litigation not be successful. Similarly, a company that has been subjected to a meritless claim...
The United States Court of Appeals for the Fifth Circuit has recently dealt with the intersection of the antitrust laws and cybersquatting. The dispute arose between a number of casinos operating in Tunica County, Mississippi and the owner of various...
In a trademark action involving lightweight car toys, the Ninth Circuit has clarified the weight to be given to the eight Sleekcraft factors when determining the likelihood of confusion. Business concerned about trademark infringement issues should consider the ruling in...
The United States Court of Appeals for the Second Circuit has recently clarified the standards for false advertising under the Lanham Act. The court has now indicated that an advertisement can still be false even when it does not explicitly...
Businesses providing services to consumers should be aware that if they intend to change the terms of a contract, they cannot do so merely by posting new terms on a website. The Ninth Circuit has recently ruled that posting modified...
The law governing the privacy of e-mail and internet communications continues to develop. Attempts by the government to obtain access to e-mails and website information have recently raised these privacy issues. As discussed in the June 28, 2007 posting “Does...
On June 29, 2007, the California Court of Appeal reversed a 15 million dollar jury award against Nestlé arising from the unauthorized use of a model’s image on a coffee label and in advertising. While Nestlé managed to get the...
Businesses operating in California may find themselves being sued for practices without any prior notice. In particular, if a company in California has gender-based pricing policies, it may now be sued for civil rights violations even if the plaintiff has...
A recent U.S. Supreme Court decision sends a strong message – if you intend to appeal a decision, don’t wait around. If you miss the deadline, even a federal court won’t be able to fix the problem. In Bowles v....
The United States Supreme Court has recently agreed to address the question of whether parties may contractually agree to alter the standard for reviewing arbitration awards. Because so many business contracts, software licenses, and other agreements now include provisions...
Businesses concerned about pending or potential patent infringement suits should pay careful attention to a case now pending in the Federal Circuit that may affect what strategies should be employed in dealing with infringement issues. The Federal Circuit has...
The deadlines for filing a notice of appeal in limited jurisdiction civil cases have been clarified by the amendments to the California Rules of Court that took effect at the beginning of 2007. In limited civil cases, decisions are appealed...
The Supreme Court’s decision in Scott v. Harris, 2007 WL 1237851 (U.S. 2007), may give appellate courts more freedom to decide issues on summary judgment that might previously have been left for resolution by juries. The factual scenario in Scott...
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