Benjamin Appelbaum, Attorney at Law

intellectual property litigation Archives

Waymo lawsuit against Uber will likely go to trial

It seems self-driving cars are on their way to New Jersey and the rest of the nation. However, there's a lot of debate and conflict regarding which companies will lead the way. While tech giant Google has spun off its own self-driving vehicle company, called Waymo, the ride sharing service Uber has thrown itself into the fray as well. However, Waymo is claiming that Uber's technology was not developed or acquired legally. It has filed a lawsuit in federal court claiming trade secret violations.

Patent holders criticize new patent challenge review process

Intellectual property plays a significant role in the economy of New Jersey, and patent holders have a financial interest in defending their ideas. The Inter Partes Review system developed five years ago by the America Invents Act was intended to be an alternative to lengthy litigation when someone challenged the validity of a patent. The process gave the Patent Trial and Appeals Board the ability to settle a patent question. Critics, including many patent holders, have concerns about the fairness and consistency of the process.

Disputed song copyright legal case depends on two words

The song "We Shall Overcome" associated with the civil rights movement is known to many New Jersey residents. Although based upon an old African-American spiritual, people claiming copyright to the more recent version asserted their rights by declining to license the song for use in a movie. The resulting legal case pitted plaintiffs who argued that the modern version should be in the public domain against those insisting that the modern authors made enough changes to the original to qualify for copyright protection.

Costco ordered to pay $19 million for trademark infringement

New Jersey residents will likely associate light blue jewelry boxes with Tiffany & Co. It can take decades to nurture and develop this kind of consumer awareness, and major companies generally act quickly when their intellectual property is used without their permission. Tiffany sued the Costco Wholesale Corporation in 2013 after learning that engagement rings made by other jewelry makers were being marketed as Tiffany rings. Costco attorneys denied any wrongdoing, but their arguments failed to impress the judge hearing the case.

Teva Pharmaceuticals files trade secret theft claim

New Jersey business owners may be interested to learn that, on July 7, Teva Pharmaceuticals USA filed a lawsuit against a former executive who it said divulged trade secrets and other information of a confidential nature with her boyfriend. It alleged that the boyfriend is the president and CEO of Apotex Inc., a rival drug company.

The Beatles prevail in intellectual property lawsuit

New Jersey residents may be aware that the surviving members of the Beatles and the estates of John Lennon and George Harrison have been involved in a number of lawsuits in recent years. The most recent litigation was filed against the Beatles' holding company Apple Corps Limited by a firm founded by the promoter behind the band's 1965 concert at New York City's Shea Stadium. The litigation was initiated over footage taken during the show that was recently used in the 2016 documentary film 'Eight Days a Week," but a New York judge dismissed the case on July 26.

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.

Benjamin Appelbaum, Attorney at Law - Intellectual Property

27 Bennington Drive
Flanders, NJ 07836

Toll Free: 877-649-6002
Fax: 973-584-2621
Map & Directions