Customer Lists Part 1: Trade Secret or Not?

When determining whether customer lists qualify as a protectable trade secret, a court’s analysis will consider a number of factor: whether the list was compiled with substantial effort and expense, whether the customer identities are public or commonly known, and the...

Design Patents for Screen Icons or Images

Screen icons have tremendous branding power for companies. You undoubtedly know these: Smart phones, tablets and other touchscreen devices work primarily with screen icons. Consumer recognition is powerful, so companies want to prevent copycat icon images from being...

Using equitable estoppel as infringement defense

Equitable estoppel is a legal doctrine that prevents a party from asserting a legal claim or right under principles of fairness and equity. In the 1992 en banc decision of Aukerman v. Chides Constr., the Federal Circuit identified three elements of the equitable...

Sample copyright notice for downloadable e-books

Self-publishing is a popular choice among newer or small volume print authors. Do you know how to give copyright notice of your rights? You can use a notice like this to provide notice of your rights when you publish your literary work online: Copyright © year and the...

Take note of Consent Agreements

Lawyers often help companies settle trademark disputes with consent agreements. These are agreements where the parties agree not to engage in certain behavior that could infringe the marks of the other party. It is remarkable how often the companies do not take the...