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Intellectual Property

Beware: Objection Overkill Can Lead to Benchslap

When it comes to objections, more is not always better, as exemplified in a recent federal court order chastising both parties for forcing the judge to "shovel through steaming mounds of objections in a Herculean effort to discern the shining gold nugget."

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A Gentle Reminder that Trademarks Do Not Need to Be Registered For Protection Under the Lanham Act

Last week, the Ninth Circuit affirmed Central District of California Judge Gary Klausner’s order granting summary judgment in favor of an unincorporated association that sought to enforce its rights in unregistered trademarks pursuant to the Lanham Act. ... While the unanimous opinion is not groundbreaking, it serves as a reminder that trademarks do not need to be registered to be protectable under the Lanham Act. 

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The Crucial Exercise of Identifying Trade Secrets

Although it is a basic premise, it is worth emphasizing that at the beginning of any trade secret dispute in California, the plaintiff must disclose exactly what trade secrets are alleged to be at issue with “reasonable particularity.”  Cal. Civ. Code § 2019.210.   The exercise, while it sounds simple enough, can prove to be challenging for both the novice and experienced litigator. ...
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Trade Secrets Bill Introduced in House

Recently introduced legislation aims to create a federal cause of action for trade secret misappropriation and a consistent standard for pursuing such claims across the country. The latest bill, however, may provide more protections to defendants than plaintiffs would like. ...
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