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Insight

Misappropriation Versus the Copyright Act: Round 2 in the Fifth Circuit

3 minute read | February.10.2017

A few months ago, Trade Secrets Watch covered the GlobeRanger Corp. case in which the Fifth Circuit joined 10 other circuits in determining that the ...

Insight

Class Action Quarterly Update - Fall 2016

January.10.2017

Class action filings during the fall of 2016 continued to be dominated by Telephone Consumer Protection Act (“TCPA”) cases.

Insight

New DMCA Designated Agent Requirements Effective December 2016

by Robert L. Uriarte
December.06.2016

On November 1, 2016, the United States Copyright Office published an amendment to 37 CFR § 201.38 that changes the registration requirements for ...

Insight

REDUCING RISKS: Court Finds Copyright Act Does Not Preempt State Trade Secret Claim

by Lauren Seaton and Denise Mingrone
2 minute read | September.23.2016

Over the years, it has proven difficult to fit software in any one category of IP protection. And while software’s ability to seemingly transcend ...

Insight

Offensive But Not Unregistrable: Fed. Circ. Alters TM Law

by Beth Goldman
January.12.2016

Members of Orrick's IP team co-authored an article examining the Federal Circuit’s decision to strike down the ban on disparaging trademarks from ...

Insight

Litigation Strategies for IP Cases

by Lisa T. Simpson
November.24.2015

This book chapter analyzes the most recent developments in copyright and trademark law.

Insight

Trade Secret Sauce: Trade Secrets, Not Copyright, Protect Chefs

2 minute read | September.18.2015

While they say that a grand jury could “indict a ham sandwich,” the First Circuit recently reminded chefs that you can’t copyright a chicken sandwich.

Insight

Ninth Circuit Requires Fair Use Evaluation Before Issuing DMCA Take-Down Notices

September.15.2015

In a highly anticipated opinion in the so-called "Dancing Babies" case, the Ninth Circuit clarified this week the steps under the Digital Millennium ...

Insight

Texas Federal Court: Copyright Law Doesn’t Preempt Trade Secrets Claim Where “Extra” Elements Exist

4 minute read | July.02.2015

We’ve blogged on trade secret preemption before, but we’ve usually focused on trade secrets claims preempting other types of claims, and not the ...

Insight

Supreme Court’s Preclusion Ruling May Mean More District Court Trademark Cases

by Kristin Cornuelle
March.27.2015

B&B Hardware, Inc. v. Hargis Industries, Inc., No. 13-352 (U.S. March 24, 2015) Earlier this week, the United States Supreme Court issued its ...

Insight

Infringement Prevention and Brand Management on Social Media

by Diana Szego Fassbender
January.29.2015

Orrick Intellectual Property Partner Peter Vogl and Senior Associate Diana Szego Fassbender co-authored an article on what trademark owners should do ...

Insight

Supreme Court Tackles Tacking Question in Hana

by Bradford Breen
January.23.2015

On January 21, 2015, the United States Supreme Court in Hana Financial, Inc. v. Hana Bank, case number 13-1211, unanimously held that in cases (1) ...