Intellectual Property

Rebelling Against Royalty: CA District Court Pronounced California’s Resale Royalties Act Unconstitutional

Rebelling Against Royalty: CA District Court Pronounced California’s Resale Royalties Act Unconstitutional

California Civil Code Section 986, also known as the California Resale Royalties Act (“CRRA”) was recently struck down in Estate of Robert Graham v. Sotheby’s, Inc., 2012 U.S. Dist. LEXIS 77262 (C.D. Cal. May 17, 2012). In this case, a court inCalifornia’s Central District dismissed two class action complaints brought under the CRRA, holding that the dormant Commerce Clause made the CRRA unconstitutional.

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The Secret’s Out: Failure to Investigate Misappropriation May Lead to a Finding of Bad Faith in Trade Secret Cases

The Secret’s Out:  Failure to Investigate Misappropriation May Lead to a Finding of Bad Faith in Trade Secret Cases

A recent California appellate court decision may serve to protect former employees who are sued in bad faith by former employers for trade secret misappropriation.

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Maker’s Mark Trademark Upheld

Maker’s Mark Trademark Upheld

The 6th Circuit ruled last week that the red dripping wax seal that has appeared on Maker’s Mark bourbon bottles since 1958 is an “extremely strong” trademark deserving of protection.

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Ownership of Social Media Contacts

By Jamie Jung – Surprisingly, HSA’s different practice areas often collide with one another.  A recent federal court decision addressed a point of law that touches upon both the employment law arena as well as the intellectual property arena.  In Eagle v. Morgan, the court addressed the (more…)

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Ninth Circuit Awards Victory to Website Owners in Landmark Copyright Case

By Jamie Jung – Yesterday, the Ninth Circuit handed down an important ruling that affects the rights of all copyright holders with regard to infringement on the internet. In 2007, UMG Recordings sued Veoh, a video-sharing website, for copyright infringement by users who had uploaded the label’s (more…)

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2011 Top Attorneys

Thursday, November 3, 2011,  Pasadena Magazine celebrated its 2011 Top Attorneys with a reception at the iconic Langham Huntington.  Over five hundred attorneys were chosen as best in their field for the issue that hit newsstands last week. The annual award is voted on by thousands of attorneys (more…)

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Court Applies Flexible Approach in Keyword Trademark Decision

Companies frequently advertise their products online by purchasing keywords from search engine sites, such as Google and Bing. When internet users search for these terms, the company’s advertisement appears at the top of the results, within a designated advertisement section. Network Automation, Inc. v. Advanced Systems Concepts, (more…)

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To Be Online, Or Not To Be Online: That Is the Question

In an age where educational materials can be digitized and hosted online to provide for easy access virtually anywhere, schools face the decision of making course materials available online, and running the risk of getting ensnared in a copyright infringement lawsuit, or constraining their students to traditional (more…)

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A Big Headache for Hangover: Artist Sues for Copyright Infringement

By Christina Paquette – The Hangover: Part II was released last week to much fanfare, raking in $137.4 million, and earning the title for the biggest five-day opening of an R-rated movie ever. But the opening was almost barred by a lawsuit brought by S. Victor Whitmill, (more…)

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New Case Clarifies Scope of Damages Under CUTSA

Defendants do not always profit from misappropriations of trade secrets.  Where a plaintiff offers evidence that a defendant guilty of misappropriation was unjustly enriched, but the trier of fact rejects the evidence, what recovery, if any, is available to the plaintiff?  This question was answered recently by (more…)

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