On April 27, 2016, the U.S. House of Representatives passed The Defend Trade Secrets Act of 2016 (DTSA or Act) 1 which will create a federal civil remedy for stealing trade secrets, such as manufacturing processes and computer software. The Senate previously approved the measure which will now go to President Obama for signing into… Read more »
Historically in the U.S., trade secrets have generally been protected by state law under each state’s version of the Uniform Trade Secrets Act (UTSA). The UTSA was published in 1979 in an effort to provide a unified legal framework for protecting trade secrets. A trade secret is a non-public or confidential information which is protected… Read more »
When a person accused of infringing a software copyright raises a “first sale defense” (which allows the lawful owner of copies of copyrighted material to sell the copies without the copyright owner’s permission (17 U.S.C. § 109(a)) and produces sales invoices, then to defeat the defense the copyright owner must produce the specific license agreement under… Read more »
The First Amendment bars the federal government from rejecting a trademark that some people may find offensive, the U.S. Court of Appeals for the Federal Circuit ruled on Tuesday, overturning a 70-year-old provision of federal law. In In re Tam, by a 9-3 vote, the court struck down a provision of the 1946 Lanham Act… Read more »
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