In 1881, Dr. Joseph Lawrence invented Listerine and it remains the #1 best selling mouthwash. Later that year, Dr. Lawrence sold the secret formulation to a pharmacist named Jordan Lambert. The contract drafted in this exchange required Lambert to pay Dr. Lawrence a royalty based on volumetric sales for as long as Listerine was sold.Continue reading “Contract Drafting: It’s All in the Details”
A Pennsylvania woman recently faced a copyright infringement suit when she posted a video of her child dancing to Prince’s “Let’s Go Crazy” in 2007. Universal Music Corp. contacted YouTube after learning of the video and had the posting taken down for a period of several weeks. The video was later restored after the motherContinue reading “Use Caution when Issuing Take Down Notices: “Copyright Law Does Not Authorize Thoughtless Censorship of Lawful Speech””
Designers have been increasingly proactive in protecting their marks and brands by filing trademark infringement suits against those making “knock-off” products. Louis Vitton recently celebrated the upholding of a $335,000 judgment against Joseph Mosseri for online sales of counterfeit Louis Vuitton products. But what if a competitor copies only the “look and feel” of anContinue reading “Products Merely Having the “Look and Feel” of a Trademarked Brand Can Still Be a Counterfeit in the Eyes of the Law”
It is imperative to have consistent nondisclosure agreements in place whenever divulging confidential information to a third party. Divulging sensitive information without having the proper contractual protections in place may limit your legal remedies. In the recent case of Gal-Or vs. US, an Israeli scientist’s inconsistencies in requiring nondisclosures and his failure to mark sensitiveContinue reading “Trade Secret Protections May Be Lost If You Fail to Take the Proper Precautions”
The U.S. Copyright Office has proposed the creation of a 3 person tribunal to adjudicate smaller value copyright claims. Use of this tribunal would be voluntary and in lieu of federal court proceedings. The tribunal could hear cases having damages less than $30,000. Click here for full article.
A $1.6 Million dollar award for attorney fees was recently confirmed against a plaintiff held to have pursued a bad faith infringement action. Click here for full article