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2 Jan 2007, 9:33 am
By James Kachmar          A California appellate court affirmed last month that an employer is entitled to immunity from tort liability for threatening emails sent on or through the employer’s internet/email system by one of its employees. [read post]
15 Aug 2017, 4:23 pm by Anthony McCain
Ana Swanson: Trump Administration Goes After China Over Intellectual Property Malathi Nayak: Cost Of Patent Infringement Litigation Falling Sharply Malathi Nayak: Inventors Torch Patents Outside PTO, Decry Review Process Debra Weiss: Patent Lawsuits Drop 21 Percent In The Eastern District Of Texas James Kachmar: Ninth Circuit Holds That “Reverse Confusion” Need Not Be Pled With Specificity Get a Job doing Patent Law              … [read post]
15 Aug 2011, 4:03 pm
By James Kachmar Although courts routinely grant permanent injunctions to curtail deceptive marketing practices, they sometimes struggle with whether an injunction impermissibly violates a party’s rights under the First Amendment. [read post]
21 May 2010, 1:45 pm
by James Kachmar On May 6, 2010, the Ninth Circuit issued its opinion in the case Au-Tomotive Gold Inc. v. [read post]
7 Dec 2010, 2:56 pm
By James Kachmar On November 24, 2010, the Ninth Circuit announced its decision in FreecycleSunnvale v. [read post]
20 Aug 2008, 10:39 pm
By James Kachmar Last summer, I wrote about the appellate court’s decision in VL Systems, Inc. v. [read post]
1 Mar 2010, 9:02 am
By James Kachmar In today’s economic environment, bankruptcy is often the only viable option for struggling businesses.  [read post]
16 Jul 2010, 4:38 pm
By: James Kachmar The Ninth Circuit recently addressed the application of anti-dilution law to trademarks that happen to be common English words. [read post]
23 May 2008, 1:30 am
By James Kachmar On March 5, 2008, the United States District Court for the Northern District of California (“District Court”) in First Advantage Background Services Corp. v. [read post]
7 Oct 2011, 4:51 pm
By James Kachmar The affirmative defense of copyright misuse is a court-created affirmative defense to copyright infringement which flows from a similar defense in patent litigation. [read post]
13 Mar 2009, 11:44 am
By James Kachmar Although several federal courts in California have previously considered the issue of preemption in trade secret misappropriation cases, the Sixth Appellate District, in K.C. [read post]
13 Apr 2011, 3:59 pm
By James Kachmar On February 23, 2011, the Ninth Circuit issued its opinion in a case involving the Betty Boop cartoon character titled: Fleischer Studios, Inc. v. [read post]
13 Nov 2009, 10:58 am
by James Kachmar Section 2019.210 of the Code of Civil Procedure requires that a plaintiff identify its alleged trade secrets with “reasonable particularity” before that party can commence discovery on its claims based upon trade secret misappropriation. [read post]
3 Jul 2007, 3:41 pm
By James KachmarBusinesses, especially consultants, frequently include a no-hire provision in connection with service or consulting agreements. [read post]
29 Jul 2008, 10:24 pm
By James Kachmar A California appellate court was recently faced with the issue of when the statute of limitations runs on a claim for trade secret misappropriation against a third party when the plaintiff’s trade secrets are stolen and sold to that third party. [read post]
26 Jun 2009, 10:56 am
by James Kachmar On June 15, 2009, the Court of Appeal for the Second District issued its ruling in FLIR Systems, Inc. v. [read post]
11 Nov 2008, 12:43 pm
James Kachmar The Grand Theft Auto (“GTA”) video game series is one of the most successful video games of all time. [read post]