Tag Archives: Infringement

Ninth Circuit to Decide Whether IP Exclusion Applies to Forever 21 Trademark Suit

The Ninth Circuit will decide whether Great Lakes Reinsurance must defend clothing company, In and Out, against a trademark infringement suit by Forever 21. The dispute focuses on exclusionary language in the general liability policy issued by Great Lakes to In and Out, which broadly bars coverage for claims stemming from violations of intellectual property rights, but which also excepts from the exclusion claims for copyright, trade dress and slogan infringement occurring in the company's advertisements. … Continue Reading

FTC Sues 1-800 Contacts, Alleges Anticompetitive Agreements Among Competitors for Online Search

On August 8, 2016, the Federal Trade Commission sued 1-800 Contacts, alleging that it entered into anticompetitive bidding agreements with 14 of its rivals. According to the administrative complaint, these bidding agreements are an unfair method of competition because they unreasonably restrain competition for bidding on online search advertising auctions and restrict truthful, non-misleading ads. Previously, … Continue Reading

Retail Industry Seeing Significant Increase in Software Audits

Companies across all industries, including retail, are seeing a significant uptick in software audits and similar software license compliance reviews. These audits can disrupt the day-to-day operations of even the most efficient IT departments. However, there are ways to limit exposure to such costly software audits and the associated risks, and to even prevent them from occurring in the first place. … Continue Reading

Federal Circuit Court Addresses Key Damages Issues in Vacation $386 Million Patent Verdict

This week, the US Court of Appeals for the Federal Circuit issued a precedential decision addressing two important patent damages issues: the entire market value rule and the proper application of the Nash Bargaining Solution in VirnetX, Inc. v. Cisco Systems, Inc., No. 13-1489 (Fed. Cir. Sept. 16, 2014). In vacating a $386 million damages … Continue Reading

Eighth Circuit, In Rehearing En Banc, Reverses Earlier Decision that Perpetual Royalty-Free Trademark License Was an Executory Contract

The Eighth Circuit recently issued an opinion in the Interstate Bakeries Corporation bankruptcy case reversing its previous holding that a perpetual royalty-free trademark license constituted an executory contract that could be assumed or rejected in bankruptcy.  The Eighth Circuit, in a rehearing en banc on its earlier decision in Interstate III2, determined that the contract … Continue Reading

Supreme Count Term in Review: Patent Cases

The Supreme Court during its 2013–14 term decided on six patent cases, the last on June 19, 2014. These cases will have significant consequences for companies as they work to advance their strategy for protecting their intellectual property. The attached client alert provides highlights of each case. Read the full client alert.… Continue Reading
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