IP & Technology Law Trends
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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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Give Me Liberty, or Give Me Death? Supreme Court May Resolve Circuit Split on Effect of Rejection of Trademark Licenses in Bankruptcy
It might sound odd to the ears of an intellectual property lawyer, but trademarks are not intellectual property—as defined in Section 101(35A) of the Bankruptcy Code, anyway. The significance of the omission of trademarks from this definition is that...
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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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FBI Calls Out Data Privacy and Security Risks with Educational Technology
Educational technology (“EdTech”) such as unified communications programs, educational software, and networked devices has become an integral part of education due to its ability to help educators, students, and institutions manage information, provi...
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Dissecting the PIRATE PISS Decision: Why Beer and Rum Are Still Related Goods (in the TTAB's Opinion) and What Brand Owners Should Do Before Adopting a New Alcohol Brand
For years, the TTAB has affirmed refusals of similar marks covering food and beverage offerings—finding such goods and services to be related. This includes many TTAB decisions finding that alcoholic and non-alcoholic beverages are related (see the T...
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Christian Louboutin Claims Victory in EU Court Trademark Battle Over Its Iconic Red-Soled Shoes
On Tuesday, June 12, 2018, the European Union's (EU) highest court, the Court of Justice of the European Union (the CJEU) (La Cour de justice de l'Union européenne), held that French designer Christian Louboutin's mark consisting of a color applied t...
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