Bank Law Monitor
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Supreme Court Holds that Trademark Licensee Retains Rights After Rejection of License by Licensor in Bankruptcy
In a long-awaited, nearly unanimous opinion written by Justice Kagan, resolving a circuit split described in our earlier blog post, the Supreme Court reversed the First Circuit and held that rejection by the licensor of a trademark license under Sect...
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Oregon Court of Appeals Allows Enforcement of a Covenant Not to Compete by Narrowing the Meaning of “Customers”
Last week, the Oregon Court of Appeals issued its opinion in Oregon Psychiatric Partners, LLP v Henry, 293 Or App 471 (2018). The opinion is a helpful reminder that a court retains the power to use its "blue pencil" to convert an unenforceable provis...
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Ninth Circuit Says Having an IP Address is Not Enough for Infringement: Cobbler Nevada v. Gonzales
Aug 30, 2018
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Anyone with an internet connection can find copyrighted content to download—legally or illegally. But the Ninth Circuit has now held that the mere fact that a rightsholder can show an individual is connected to the IP address through which illegal do...
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Supreme Court Extends Reach of Patentee to Recover Lost Foreign Profits
Jun 25, 2018
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The Supreme Court on Friday held that WesternGeco, LLC ("WesternGeco"), owner of patents for a system used to survey the ocean floor, can recover profits from sales it lost outside the U.S. due to Ion Geophysical Corp.'s ("ION") infringement of its p...
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With Non-Compete Provisions, Let’s Remember the Requirement of a “Protectable Interest”
The strongest approach for an employer hiring someone supposedly bound by a non-competition provision may be to present an argument that the information in question is not information that qualifies as a “protectable interest” to begin with.
Proving...
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Alicia Bell and Carla Quisenberry Published in Oregon Beer Growler: Protecting Your Brewery’s Intellectual Property Can Pay Off in a Big Way
Although brewing is a collegial industry, brewery competition does grow tighter, and there's a growing interesting in protecting brands—and even innovative beer recipes and processes—as intellectual property. In an article for Oregon Beer Growle...
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