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Recent Posts

Ninth Circuit Confused on Copyright "Originality"

Copyright law protects original works of authorship. 17 U.S.C. § 102(a). Generally, the bar for what constitutes "original" is very low. But, at the same time, copyright law DOES require some minimal amount of originality. As one court phrased it, a "modicum [of] creative spark" is needed (in addition to independent creation). In a couple…


Trademark Registration can be Refused for "Unlawful Use”

There are a large number of reasons why the US Trademark Office can deny an application for trademark registration. Nothing is automatic about registration. This is one reason it is important to retain experienced trademark attorneys to provide advice and legal counsel leading up to the application and to shepherd the application through the Trademark…


Trade Secrets Misappropriation Damages can Include Estimated R&D Costs

A federal Court of Appeals has recently affirmed that damages for trade secret misappropriation can include estimated costs for research and development (and also a hefty award of punitive damages). See Epic Systems Corporation v. Tata Consultancy Services, Ltd., Case Nos. 19-1528; 19-1613 (7th Cir., August 20, 2020). That case involved the Wisconsin version of…


What is the Trademark "First Sale" Doctrine?

The first sale doctrine is a defense to trademark infringement. In the US, federal trademarks are governed by the Lanham Act. The Lanham Act prohibits unauthorized persons or entities from using a registered trademark "in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with…


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