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Category Archives: Legal Info

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What Do California Wine Grapes and California Marijuana Have in Common?

Posted in Legal Info

When a winery wants to tell consumers the geographic source of its wine, it includes on the label the wine’s “appellation of origin.”  An appellation of origin tells the consumer where the wine grapes were grown.  Appellations are either the name of a county or state, or a federally-recognized growing region called American Viticultural Areas… Continue Reading

Northern District of California Revises Local Patent Rules

Posted in Copyright Law, Legal Info, Patent Law

On January 17, 2017, the United States District Court for the Northern District of California issued revisions to its Local Patent Rules requiring early disclosure of damages-related discovery and contentions. The revised rules are effective immediately in all patent cases pending in the Northern District.  Local Patent Rules are rules that apply to all civil… Continue Reading

Two Key Things You Need to Know About the 2016 Federal Rule Changes

Posted in Legal Info

On December 1, 2016, amendments to the Federal Rules of Civil Procedure (“FRCP”) and Federal Rules of Appellate Procedure (FRAP) took effect.  While at first glance, the changes may not seem dramatic, but changes such as shortening the time to respond and cutting word counts for briefs have a direct impact on our practices.  For… Continue Reading

Federal Circuit Takes A Common Law Approach to “Abstract Idea” Determinations in Alice Cases

Posted in Copyright Law, Entertainment Law, Legal Info, Patent Law, Trademark Law, Web/Tech

By:  Eric Caligiuri In Amdocs (Israel) Ltd. v. Openet Telecom Inc. et al., the U.S. Court of Appeals for the Federal Circuit recently upheld four software patents against a patent-eligibility challenge, finding that the patents do not claim an “abstract idea.”  The patent challenge was under the frame work set out by the U.S. Supreme… Continue Reading

Federal Circuit Rules the Patent Trial and Appeal Board Can Consider New Evidence During AIA Review Trial

Posted in Copyright Law, Legal Info, Patent Law, Trademark Law

On September 26, 2016, the U.S. Court of Appeals for the Federal Circuit declined to review in a unanimous en banc decision a panel Federal Circuit decision affirming that the Patent Trial and Appeal Board (the “Board”) at the Patent and Trademark Office (“USPTO”) could hear new evidence during a trial, evidence that was not… Continue Reading

How BREXIT Will Affect Intellectual Property

Posted in Copyright Law, IP Law Blog Lawyers In The News, Legal Info, Patent Law, Trade Secrets

As everyone knows, in June, the United Kingdom passed the BREXIT referendum (driven by British voters), voting to exit the European Union.  What affect does BREXIT have on intellectual property rights in the United Kingdom and the European Union?  There is a two-year process of negotiation between the UK and the EU, provided for by… Continue Reading

NO ICE, PLEASE!

Posted in Legal Info, Uncategorized

By Audrey Millemann California’s unfair competition and consumer protection laws protect consumers from false representations about products or services.  These laws include the Unfair Competition Law (Business and Professions Code §17200, et seq.), the False Advertising Law (Business and Professions Code §17500, et seq.), and the Consumer Legal Remedies Act (Civil Code §1750).  Lawsuits for… Continue Reading

New Federal Trade Secret Law Takes Effect!

Posted in IP Law Blog Lawyers In The News, Legal Info, Trade Secrets

So what is a trade secret?  Generally, a trade secret is information that the owner has taken reasonable measures to keep secret, derives independent economic value from not being generally known, and cannot be readily ascertainable by proper means, such as reverse engineering or independent development.  Many businesses rely on trade secret protection rather than… Continue Reading

Five IP Pitfalls That Start-Up (and Grown Up) Companies Can Easily Avoid

Posted in Copyright Law, Legal Info, Patent Law, Trade Secrets, Trademark Law

In business, there are numerous opportunities for pitfalls, mistakes and errors and they come up in all different legal areas – from basic formation issues to labor and employment to intellectual property. Mistakes and missteps involving intellectual property can be particularly problematic because IP is a company asset; it constitutes a part of (often a… Continue Reading

The Power of the Press Release II: A Suggestion For Heightened Scrutiny of Governmental Prosecutorial Pre-trial Public Announcements

Posted in Legal Info, Uncategorized

In Russell G. Ryan’s recent thoughtful article in the Wall Street Journal entitled “Get the SEC Out Of The PR Business,” he raised several issues that resonate well beyond the practices of the SEC and into the world of advertising law, direct marketing and FTC enforcement actions. See http://www.wsj.com/articles/russell-g-ryan-get-the-sec-out-of-the-pr-business-1417386821. The gist of Ryan’s article is… Continue Reading

At Least the Court Didn’t Blow This Call . . . Thoughts on the Oklahoma City High School Football Case

Posted in Legal Info

It’s not exactly a decision in the intellectual property sphere, but a recent ruling by a judge in Oklahoma City, Oklahoma related to a botched call in a high school football game deserves to be called-out for praise. That case involved a quarterfinal footballgame of a high school league tournament in Oklahoma City. Frederick A…. Continue Reading

Model Mayhem – The Communications Decency Act is Not a Defense to Negligent Failure to Warn Claim

Posted in Cyberspace Law, Legal Info, Web/Tech

One of the primary purposes of the Communications Decency Act (“CDA”) is to limit liability for certain internet content providers specifically protecting websites from liability for material posting on their website by a third party. In Jane Doe No. 14 v. Internet Brands, Inc., the operator of a networking site in the modeling industry sought… Continue Reading

Kind Bar or Clif Bar: A Transparent Trade Dress Dispute

Posted in Legal Info

David Gabor is a shareholder at Weintraub Tobin. He is a trial lawyer and represents production companies, infomercial companies, direct response companies and multi-level marketing organizations as to both operational and compliance matters. In particular, David is focused on advertising and compliance issues, including FTC counseling and litigation, class actions, and multi-agency governmental compliance involving… Continue Reading

Will The Copyright Act be Amended to Include a “Making Available” Right

Posted in Copyright Law, Legal Info

Under the WIPO Internet Treaties, member states are required to recognize in their national laws  the exclusive right of  authors of works to ‘‘make [the works] available’’ and ‘‘communicate [the works] to the public’’, including through interactive platforms, such as the Internet. The United States implemented the WIPO Internet Treaties through the Digital Millennium Copyright… Continue Reading

Patent Filings and the Potential Discovery of Trade Secret Misappropriation

Posted in Legal Info, Patent Law, Trade Secrets

   Under California law, a plaintiff must bring a claim for trade secret misappropriation within three years of discovering the misappropriation or, by the exercise of reasonable diligence, should have discovered the alleged misappropriation.  Often times, discovery of alleged trade secret misappropriation is rather straightforward, i.e., a company discovers that its former employee has downloaded… Continue Reading

Holy Lawsuit Batman

Posted in Legal Info

The U.S. District Court for the Central District of California handed a big victory to Warner Bros. when it ruled that Gotham Garage violated Warner Bros.’ intellectual property rights in the iconic Batmobile.  There was a question whether Warner Bros.’ rights in the Batman franchise would prohibit the production of an automobile designed like the… Continue Reading

The Long Lashes of the Law: The Federal Circuit Rejects Nation-wide Application of An Injunction Based on California Unfair Competition Statutes

Posted in Legal Info, Trademark Law

By:David Gabor On December 30, 2013, the Federal Court of Appeals, in Allergan, Inc. v. Athena Cosmetics, Inc., et al., an as-yet unpublished decision, affirmed a California District Court ruling that has the potential significantly to affect advertising law and the use of the California unfair competition statute at B&P Code §17200, et seq. to… Continue Reading

What Are You Smoking? Notes on the increase in state and local regulation of e-cigarettes

Posted in Legal Info

 By: David Gabor The FDA defines electronic cigarettes, also known as e-cigarettes, "e-cigs" or "vapes" (as in vapors), as "battery operated products designed to deliver nicotine, flavor and other chemicals. They turn nicotine, which is highly addictive, into a vapor that is inhaled by the user." http://www.fda.gov/NewsEvents/PublicHealthFocus/ucm172906.htm. Selling and advertising e-cigarettes, now more commonly known… Continue Reading