Balancing the First Amendment Protection of Artistic Expression Against the Trademark Rights of a Global Brand in the Digital World

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On May 18, 2022, U.S. District Judge Jed Rakoff issued a written decision refusing to dismiss Hermes’ trademark infringement lawsuit against Los Angeles designer Mason Rothschild over Rothschild’s “MetaBirkins” non-fungible tokens (“NFT”).  The case has been closely watched by trademark lawyers and NFT creators because it represents a familiar clash between federal trademark law and the …Read more

Secure and Protect Brand Names, Logos, and Domain Names Before Creating Value in Them

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Once you have formed and organized your new technology company, one of your first tasks should be to secure your commercial rights to the company’s business and essential brand names, logos and domain names while the business is still in the conceptual stage.  When your company is new, and yet to demonstrate it has any …Read more

Protecting and Enforcing Your Trade Secrets in California and Beyond

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An Award of Injunctive Relief Does Not Preclude Continuing Rights to Monetary Damages The primary objective in filing a lawsuit involving misappropriation of a trade secret is to stop the use and disclosure of your critical business information.  But even if your company succeeds in blocking the use of your trade secrets by obtaining an …Read more

10 Tips to Protect Confidential Information When Considering Selling Your Company

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So you’re thinking about selling your company because you’ve finally received an offer you think is reflective of all the hard work you and your partners and employees invested over all those years. It’s inevitable that you will have to share some confidential information about your company with the potential buyers during the course of …Read more

7 Questions to Answer Before You Sign a Non-Disclosure Agreement

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Before your company considers sharing its technology or other proprietary information with a potential strategic or commercial partner, you will want to ensure that the information is kept secret and cannot be used for any unauthorized purpose. This is where a non-disclosure agreement (“NDA”) may be useful to you. An NDA is a legally binding …Read more

Top 10 Mistakes to Avoid Managing Your Company’s Trade Secrets

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Whether you’re running a newly minted start-up or leading an established corporation, genuine trade secrets will almost always provide your company with a competitive edge in the marketplace under both federal and state law. But you must handle them properly. Unfortunately, that edge can deteriorate, or vanish entirely, if your company makes one or more …Read more

Grand Jury Indicts Chinese Energy Company and Affiliates on Trade Secret Charges

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Another new indictment alleging misappropriation of U.S. oil and gas trade secrets by a Chinese energy company, its U.S. based affiliate, and an executive officer was recently handed down by the U.S. Department of Justice. It is another example in a recent string of trade secret charges involving Chinese companies and Chinese nationals operating in …Read more

Why Conduct an Intellectual Property Audit

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As we discussed in our recent post How to Conduct Intellectual Property Audits, your company’s intellectual property (IP) is among its most important and valuable assets. The goals of an audit of that IP are to: 1) determine what IP your company owns, and 2) develop a strategy to effectively use and manage those assets …Read more

How to Conduct Intellectual Property Audits to Protect and Maximize the Value of Your Company’s IP

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Intellectual property – which include patents, copyrights, trade secrets and trademarks – is among your company’s most important and valuable assets. It defines your brand and gives you a competitive advantage in the marketplace. Whatever goods or services your company may offer, protecting your IP portfolio should be among your company’s most important business goals. …Read more