What Constitutes a Counterfeit?

Rolex has recently filed suit against laCalifornienne for allegedly dealing in fake watches. LaCalifornienne has been adding non-Rolex sanctioned dials, crystals, and other accessories to pre-owned Rolex® watches and reselling them as genuine Rolex® watches.  Rolex considers any watch that includes a non-Rolex part to be a counterfeit. Rolex filed a similar case against aContinue reading “What Constitutes a Counterfeit?”

Actor Who Died 64 Years Ago To Star in Upcoming Film

Actor James Dean died in 1955 at the age of 24 but that has not stopped him from appearing in the new action film “Finding Jack.”   The film is set to feature Dean in a co-starring role, using computer images generated from old footage. While the producers and film makers appear to have legally acquiredContinue reading “Actor Who Died 64 Years Ago To Star in Upcoming Film”

Chinese National Working for Monsanto Indicted for Trade Secret Theft

A Monsanto employee was recently indicted for theft of trade secrets.  The Chinese national, Haitao Xiang, allegedly resigned from his position, purchased a one way ticket to China and was arrested at the airport with Monsanto trade secrets in his possession. Xiang received his PhD in agricultural engineering within the United States, following the sameContinue reading “Chinese National Working for Monsanto Indicted for Trade Secret Theft”

Can the Owner of a Building Control Reproductions of its Likeness?

Canadian Parliament is considering whether building owners can control the reproduction of a famous building’s likeness.  Author James Bow was set to release a new book featuring a cover-art collage which included an image of the CN Tower, a large radio antenna and tourist attraction located in Toronto.  A representative from CN Tower requested theContinue reading “Can the Owner of a Building Control Reproductions of its Likeness?”

NCAA to Allow Athletes to Profit from their Name, Likeness & Image

On October 29th, the NCAA announced it will begin a process that will eventually allow athletes to profit from their image, name and likeness.  For years student athletes have used their talents to negotiate college scholarships but many see this as insufficient compensation in light of the enormous revenue that sports bring to these universities.Continue reading “NCAA to Allow Athletes to Profit from their Name, Likeness & Image”

Does Sovereign Immunity Apply to States in Copyright Infringement Cases?

In 1996, Blackbeard’s famed ship Queen Anne’s Revenge was discovered by a private salvage company.  A film crew was subsequently hired to capture the expedition.  The State of North Carolina used both the videos and images captured during the shoot without a license and a copyright suit was filed.  North Carolina is defending itself byContinue reading “Does Sovereign Immunity Apply to States in Copyright Infringement Cases?”

Draft Patent Eligibility Bill

Draft legislation addressing patent eligibility is expected sometime this fall.  The hope is that the bill will clarify patent eligibility issues and tackle inventions classified as abstract ideas, laws of nature and natural phenomena. Proposed changes to section 101 are expected to broaden patentability for “any invention or discovery that provides specific and practical utilityContinue reading “Draft Patent Eligibility Bill”

Levi Throws its Weight in Trademark Suit and Loses

Since 1936, Levi has been placing a small fabric tag with the name LEVI on the pockets of its denim products.  The company recently filed a trademark suit against Barbour, an English clothier that has been in business since 1894.  Levi claimed that the blue fabric tags placed in the pockets of Barbour clothing createdContinue reading “Levi Throws its Weight in Trademark Suit and Loses”

Chinese Telecom Company Indicted for Theft of Trade Secrets

The United States has charged tech company Huawei with trade secret theft,  wire fraud, and obstruction of justice.  The DOJ alleges that the company took photos and measurements of a phone-testing robot and used that information to build a similar device. Huawei denied the theft, claiming it was the work of miscreants; however, recent emailsContinue reading “Chinese Telecom Company Indicted for Theft of Trade Secrets”