Benjamin Appelbaum, Attorney at Law

intellectual property litigation Archives

Waymo drops some claims against Uber in trade secret lawsuit

New Jersey residents may be interested in a development in the lawsuit that self-driving car manufacturer Waymo has filed against Uber. Waymo, formerly affiliated with Google, accused Uber of trade secret theft, but it has now dropped three of four patent claims it had against the technology and transportation company.

Beatles music rights dispute settled by Paul McCartney

Music fans and copyright holders in New Jersey may be interested in learning that Sir Paul McCartney, who rose to international fame as a member of the Beatles, settled a long-running dispute over the rights to the band's songs. The settlement, reached at the end of June 2017, involved an undisclosed sum of money and assurances that McCartney will receive the copyrights as early as October 2018.

Trade secrets and the inevitable disclosure doctrine

New Jersey businesses that want to safeguard their intellectual property may be interested to hear about a May 2017 court decision that seems to suggest that companies can make inevitable disclosure claims under the Defend Trade Secrets Act. The case arose when a motor company's quality control overseer left to join a competitor and took trade secrets that he had downloaded with him. His old firm sued the new employer based on these actions.

The Eagles file lawsuit over alleged infringement

New Jersey music fans will likely have little problem recognizing the Eagles hit "Hotel California". The timeless lyrics by Don Henley and Glenn Frey have inspired songwriters for generations, but the band claims that a Los Angeles hospitality company strayed beyond homage and entered the area of intellectual property rights infringement when it named a hotel in Mexico after the 1976 hit. The Eagles are seeking unspecified damages and injunctive relief in a trademark infringement lawsuit filed in a California federal court.

Early protection of intellectual property essential

Owners of New Jersey startups will have their plates full as they strive to stake a claim in the marketplace. Protecting intellectual property needs to be high among their priorities. Intellectual property consists of trademarks, patents, copyrights and trade secrets.

Ruling bars practice of venue shopping in patent disputes

A ruling by the Supreme Court has put an end to one practice common to what some professionals in New Jersey and around the country have termed abusive patent challenges. The decision set a new standard for venue in patent cases by ordering that claims must be brought in states where the defendants are chartered. This could result in more security for small businesses or start-ups concerned about the potential costs of patent litigation.

The importance of monitoring to protect against infringement

New Jersey businesses understand that customers tend to have loyalty to certain brands, but many businesses do little to monitor their trademarks in order to protect against infringement. Unfortunately, the incidence of trademark infringement has been increasing, potentially harming the bottom lines of their owners.

The U.S. military holds valuable intellectual property

New Jersey residents may be surprised to learn that the U.S. military holds a wide variety of valuable intellectual property ranging from logos and names to camouflage designs. The U.S. Army, Navy Air Force and Marine Corps earn millions each year from licensing their trademarks and copyrights, and they also all have attorneys on staff tasked with clamping down on infringement. Legal experts believe that a T-shirt offered by the California-based fashion retailer Forever 21 could draw the ire of some of these lawyers as it appears to be a near identical copy of the Army's standard-issue training shirt.

Cheerleading uniform designs protected by copyright

According to a decision made by the Supreme Court in October, designs on cheerleading uniforms can be protected under copyright laws. In the case in question, Varsity Brands, Inc., a manufacturer of cheerleading uniforms that are popular in schools in New Jersey and around the country, sued Star Athletica LLC for infringing upon copyrights for 5 different designs.

Dispute regarding Andersen trademark

New Jersey business owners may be interested to learn about the developments in a trademark case involving a French organization, Arthur Andersen International, and another firm based out of San Francisco, Andersen Tax. Both firms assert that they own the Andersen trademark. Arthur Anderson International claims in a recent announcement that it had revived the name and world-wide reach of the non-operational accounting firm that went out of business because of the Enron scandal, while Andersen Tax stated that it resurrected the name three years ago.

Benjamin Appelbaum, Attorney at Law - Intellectual Property

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