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Ninth Circuit Leaves Open Whether Trade Secret Liability May Be Predicated on an Implied Theory of Confidentiality
  • Fenwick & West LLP
  • USA
  • November 16 2016

In a recent decision, Direct Technologies, LLC v. Electronic Arts, Inc., the United States Court of Appeals for the Ninth Circuit called into question


California’s amended right of publicity statute (California Civil Code 3344.1)
  • Fenwick & West LLP
  • USA
  • March 3 2008

After unanimous approval by the California Assembly and the California Senate, Governor Arnold Schwarzenegger signed S.B. 771 into law on October 10, 2007, amending California Civil Code section 3344.1


Company directors can be liable for trade secret misappropriation
  • Fenwick & West LLP
  • USA
  • April 23 2010

In the opening weeks of 2010, Parliament in London took up a bill to consider whether company directors might be held personally liable in certain areas implicating health and safety of workers


Screen scraping: how to use a bot and not get busted
  • Fenwick & West LLP
  • USA
  • October 12 2007

Screen scraping is any automated process for extracting content from a website for use in another context


To use spam or not to use spam, that is the trademark question
  • Fenwick & West LLP
  • USA
  • March 3 2008

In November, the Trademark Trial and Appeal Board thwarted the efforts of Hormel to prevent software maker Spam Arrest from using the word spam as part of its “SPAM ARREST” trademark


Parody defense to trademark dilution claim
  • Fenwick & West LLP
  • USA
  • July 4 2007

The U.S. Court of Appeals for the Fourth Circuit has been asked to decide the extent to which parody can serve as a defense to a claim under the Federal Trademark Dilution Act


Court refuses to enforce invention assignment agreement as unlawful noncompete
  • Fenwick & West LLP
  • USA
  • June 10 2009

In Applied Materials v. Advanced Micro-Fabrication Equipment Company, the federal district court for the Northern District of California refused to enforce an invention assignment clause that required former employees to assign inventions disclosed within one year of termination of employment if the invention related to work performed by the employee for the employer


Ethical limits on investigations in IP litigation
  • Fenwick & West LLP
  • USA
  • March 3 2008

Intellectual property cases often require extensive up-front investigation


Exclusive “field of use” patent licensees lack standing to sue alone
  • Fenwick & West LLP
  • USA
  • March 3 2008

In October, the Federal Circuit held that a patent licensee to an exclusive “field of use” license has no standing to sue in its own name without joining the patentee


Hurt Locker Decision Clarifies Differences in First Amendment Interests and Personal Interests Protected by the Right of Publicity
  • Fenwick & West LLP
  • USA
  • February 23 2016

9th Circuit affirms filmmakers' use of an individual's story in the film The Hurt Locker is protected by the First Amendment and does not violate