Technology & Marketing Law Blog

JANUARY 25, 2024

Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. On January 23rd, Judge Chen once again dropped a bombshell for the web-scraping world (and those looking to stop it) by ruling in favor of Bright Data and against Meta on its breach of contract claims at summary judgment. Bright Data Ltd.

Blogging 98

Blogging Contracts Cease and Desist Confidentiality 98

TorrentFreak

SEPTEMBER 27, 2022

. “The lawsuit alleges Rightscorp and Kyte lured [American Films] into a transaction to acquire Rightscorp, and then Rightscorp and Kyte used confidential information from the deal to reap a profit,” the company’s announcement reads.

Settlement 143

Settlement Copyright Intellectual Property Confidentiality 143

IP Tech Blog

FEBRUARY 8, 2024

Moreover, with fewer restrictions on employee mobility post-employment, it is important companies have adequate NDAs and confidentiality agreements in place to protect proprietary information. First, AB 1076 renders all noncompete clauses in employment contracts void.

Law 57

Law Contracts Confidentiality Business 57

LexBlog IP

APRIL 21, 2022

Trade secrets are always at risk when engaging in corporate deals that require the disclosure of confidential information. A recent decision from the 8 th Circuit affirming grant of a motion to dismiss a breach of contract action between a company and its financial advising firm.

Confidentiality 52

Confidentiality Contracts Editing Business 52

Indiana Intellectual Property Law

FEBRUARY 21, 2023

Crowne Point, Indiana – The Plaintiff, Illinois Central Railroad (“IC”) filed suit against Defendant and former employee, Michael Belcher (“Belcher”) for Breach of Contract, Breach of Duty of Loyalty, Civil Conversion, Indiana Uniform Trade Secrets Act, Defend Trade Secrets Act, and Trespass to Chattels. Continue reading

Confidentiality 52

Confidentiality Intellectual Property Contracts Business 52

TorrentFreak

FEBRUARY 24, 2023

In August 2022, Japanese manga publisher Shueisha filed an ex parte application at a California district court seeking information for use in a foreign proceeding – a lawsuit in Vietnam or Japan targeting pirate site operators. Publishers Seek Help From U.S.

Publishing 143

Publishing Advertising Advertising Music 143

Trading Secrets

OCTOBER 18, 2023

Specifically, the new law, signed by Governor Newsom on September 1st, provides that any contract that is void under California law is unenforceable regardless of where and when the employee signed the contract. Under existing California law, non-compete agreements with California employees are typically void.

Law 59

Law Contracts Business Confidentiality 59

Patently-O

SEPTEMBER 7, 2022

2, 2022) [ Decision ]. Here, Amyndas (the one left out) had shared confidential information with both Zealand and Alexion (subject to contractual limitations). But, the appellate court considered the law as potentially instructive for construing the “venue of the defendant” as used in the contract. Amyndas Pharm.,

Music 58

Music Contracts Confidentiality Litigation 58

LexBlog IP

OCTOBER 1, 2021

The law goes into effect January 1, 2022 and amends the Freedom to Work Act (the Act), which restricts the use of non-compete agreements for low wage workers. The law does not apply to contracts covering confidential and proprietary information, protection of trade secrets, or inventions assignment agreements. Application.

Contracts 59

Contracts Confidentiality Privacy Ownership 59

The IPKat

AUGUST 17, 2023

Although her time now is very much spent in Chancery, she still monitors decisions coming from the KBD as many of our confidential information and trade secrets cases come from those hallowed halls. There was no written contract of employment. These terms apply for 12 months after a party stops being a shareholder (i.e.

Confidentiality 52

Confidentiality Contracts Business Litigation 52

Trading Secrets

DECEMBER 21, 2021

Anatomy of an M&A Transaction: How to Issue Spot for Non-Compete, Trade Secrets/Confidential Information, and Intellectual Capital Concerns. At the workshop, legal scholars, economists, and policy experts reviewed the current state of the law and economic literature on non-compete clauses in contracts between employers and employees.

Confidentiality 69

Confidentiality Law Contracts Business 69

LexBlog IP

JUNE 21, 2022

A recent decision by the Second Circuit reminds litigants that a party asserting a trade secret misappropriation claim under the federal Defend Trade Secrets Act (DTSA), or New York law, must detail in a pleading “the “reasonable measures” employed to maintain the secrecy of the alleged trade secret. In Turret Labs USA, Inc.

Confidentiality 52

Confidentiality Contracts Licensing Litigation 52

43(B)log

DECEMBER 12, 2022

2022 WL 5245633, No. 6, 2022) The district court reverses the bankruptcy court ruling ( discussed here ) that held that false advertising had interfered with the debtor’s estate in violation of the automatic stay. Windstream has a 2-year contract. With Spectrum there are no contracts. In re Windstream Holdings, Inc.,

False Advertising 59

False Advertising Advertising Advertising Contracts 59

LexBlog IP

FEBRUARY 8, 2024

Moreover, with fewer restrictions on employee mobility post-employment, it is important companies have adequate NDAs and confidentiality agreements in place to protect proprietary information. First, AB 1076 renders all noncompete clauses in employment contracts void.

Law 52

Law Contracts Confidentiality Business 52

Patently-O

FEBRUARY 22, 2023

As noted above, one of the five sitting ALJs tasked with reviewing those cases, ALJ Cameron Elliot, has ordered third-party litigation funding orders to be produced and indicated, in at least one case, that such funding should be treated as non-confidential. [31] 3] See, e.g., Huber v. 5] See Eric Blinderman et al.,

Litigation 126

Litigation Reporting Settlement Government 126

Trading Secrets

MARCH 22, 2022

2022), the Second Circuit held that JLM Couture’s non-compete was enforceable through New York’s oft-overlooked “uniqueness” exception. Included within the JLM contract were certain restrictive covenants, including a non-competition agreement, as well as various intellectual property assignment provisions. Cohen , 173 F.3d Gutman , No.

Social Media 59

Social Media Contracts Confidentiality Business 59

Trading Secrets

SEPTEMBER 30, 2022

In the fifth installment of our 2022 Trade Secrets Webinar Series, Seyfarth attorneys Jesse Coleman, Matt Simmons, and Kevin Green discussed legal developments and trends in Texas trade secret and non-compete law and how it is similar to and diverse from other jurisdictions. Vast majority of cases involve misappropriation by electronic means.

Contracts 75

Contracts Confidentiality Business Litigation 75

The IPKat

SEPTEMBER 26, 2024

Background In 2022, Belgium adopted a law that transposed the DSM Directive into the Belgian Code of Economic Law. The reason is that claimants allege that the various provisions of the copyright reform go against constitutional rights and freedoms, such as the freedom of contract and the freedom to conduct a business. 216/1 and XI.216/2

Publishing 127

Publishing Art Licensing Confidentiality 127

Trading Secrets

FEBRUARY 6, 2024

Lastly, we saw federal agencies insisting on broad whistleblower protections in confidentiality agreements with impacted employees and customers. We also saw proposed federal legislation banning or narrowing the use of non-competes, which we expect to be reintroduced in 2024. State legislatures continued to narrow the use of the non-competes.

Confidentiality 59

Confidentiality Contracts IP Law 59

LexBlog IP

OCTOBER 18, 2023

Specifically, the new law, signed by Governor Newsom on September 1st, provides that any contract that is void under California law is unenforceable regardless of where and when the employee signed the contract. Under existing California law, non-compete agreements with California employees are typically void.

Law 52

Law Contracts Business Confidentiality 52

43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Influence of law, desire to contract, social norms. Desire to contract: contracts clearly define scope of rights.

Fair Use 45

Fair Use Contracts Litigation Copying 45

The IPKat

JULY 4, 2021

The changes introduce (i) a codified proportionality defense to injunctions in patent infringement proceedings, (ii) new confidentiality rules for patent disputes, and (iii) an accelerated timeline for nullity actions. While the Bundesrat still has to approve this bill, this is not believed to be controversial.

Blogging 65

Blogging IP Design Designs 65

Indiana Intellectual Property Law

FEBRUARY 23, 2023

MaddenCo owns Copyright Registration Number TX0009171151 entitled “The Tire Dealer System” with an effective registration date of August 26, 2022. As employees of MaddenCo, both Reed and Darby executed a Confidentiality Agreement wherein they agreed to not disclose any confidential information or material of MaddenCo or its subsidiaries.

False Advertising 40

False Advertising Confidentiality Copyright Infringement Contracts 40

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

FEBRUARY 6, 2024

Lastly, we saw federal agencies insisting on broad whistleblower protections in confidentiality agreements with impacted employees and customers. We also saw proposed federal legislation banning or narrowing the use of non-competes, which we expect to be reintroduced in 2024. Minnesota adopted a ban on non-competes.

Confidentiality 52

Confidentiality Contracts IP Law 52

Indiana Intellectual Property Law

OCTOBER 5, 2022

An Employment Agreement that protected 3CHI’s Confidential Information and Trade Secrets was signed by the Defendant on March 7 th , 2021. On April 20, 2022, a business known as FullThrottle posted an on-line announcement that Journay had joined its team as their new Director of Marketing.

Marketing 52

Marketing Marketing Confidentiality Government 52

LexBlog IP

MARCH 15, 2022

.” Defendants first argued that the network of salespeople and customer lists on Facebook were owned by them, as they have ownership interests in their Facebook profiles, and that because each defendant’s Facebook friends could see the rest of their friend network, these lists were not confidential. 7, 2022) can be found here.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

LexBlog IP

APRIL 28, 2022

The suit includes allegations of negligence, breach of implied contract, invasion of privacy, and violations of the California Confidentiality of Medical Information Act. District Court for the District of Nevada (filed April 11, 2022). Shalviri seeks actual damages, statutory damages, and attorneys’ fees and costs.

Confidentiality 40

Confidentiality Privacy Contracts Intellectual Property 40

LexBlog IP

APRIL 28, 2022

The suit includes allegations of negligence, breach of implied contract, invasion of privacy, and violations of the California Confidentiality of Medical Information Act. District Court for the District of Nevada (filed April 11, 2022). Shalviri seeks actual damages, statutory damages, and attorneys’ fees and costs.

Confidentiality 40

Confidentiality Privacy Contracts Intellectual Property 40

Trading Secrets

JULY 12, 2022

On March 8, 2022, Excel Sports Management, LLC commenced an action in the Supreme Court of New York, Commercial Division, alleging that its former Vice President of Basketball Partnerships, Eric Eways, resigned his employment in favor of employment with Klutch Sports Group, LLC, in violation of a restrictive covenant in his employment agreement.

Confidentiality 52

Confidentiality Branding Brands Branding 52

LexBlog IP

DECEMBER 21, 2021

Anatomy of an M&A Transaction: How to Issue Spot for Non-Compete, Trade Secrets/Confidential Information, and Intellectual Capital Concerns. At the workshop, legal scholars, economists, and policy experts reviewed the current state of the law and economic literature on non-compete clauses in contracts between employers and employees.

Confidentiality 52

Confidentiality Law Contracts Business 52

TorrentFreak

NOVEMBER 12, 2022

. “You must ensure that you do not place digital advertisements on websites providing unauthorized access to copyrighted content and must take all reasonable steps to ensure that third parties with whom you contract do similar,” the regulator warns. That’s exactly the type of domain the IWL was intended to accomodate.

Advertising 105

Advertising Advertising Reporting Intellectual Property 105

Patently-O

MARCH 7, 2022

Hughes , 20-50671, 2022 WL 620238, at *1 (5th Cir. 3, 2022) [ Opinion ]. acquisition of the trade secret through a breach of a confidential relationship or improper means; and. Here though the damages were easy to calculate because they were part of the contract – 14% of net sales + 100,000 for the purchase price.

Contracts 56

Contracts Confidentiality Litigation Licensing 56

LexBlog IP

OCTOBER 27, 2022

Lombardi (October 12, 2022) is a timely example of this principle. The 3rd Circuit’s recent decision in Matthews International Corp. ” But the District Court did order fairly sweeping relief against one particularly nefarious defendant, one of plaintiff’s former sales representatives.

Confidentiality 52

Confidentiality Contracts Law Design 52

The IPKat

SEPTEMBER 4, 2023

The report presented a quantitative analysis of trends in EU trade secrets litigation based on a data set of roughly 700 national judgements during 2017-2022.

Reporting 70

Reporting Litigation Contracts Publishing 70

43(B)log

OCTOBER 10, 2023

Defendants offered examples of contracts that, they argued, had a fee structure of 8-10%. Marble explained that he arrived at the $200 million valuation by multiplying DealMaker’s $20 million estimated revenue for 2022 by a multiplier of ten. Challenged claim: DealMaker’s customers do not retain ownership over their own data.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

LexBlog IP

JANUARY 26, 2022

On January 1, 2022, SB 672 took effect, clarifying ambiguities in the original Act and levying additional requirements on Illinois employers who seek to impose and enforce restrictive covenants. Thus, SB 672’s restrictions apply with equal force to agreements prohibiting the solicitation of customers, vendors and employees.

Confidentiality 52

Confidentiality Business Contracts Law 52