Until recently, almost all trade secret law was furnished by state law, not federal law. Absent federal diversity jurisdiction, lawsuits for misappropriation of trade secrets had to be brought in state court. Even though the vast majority of states (including Indiana) have adopted the Uniform Trade Secrets Act (“UTSA”),…
Articles Posted in Trademarks, copyrights, and trade secrets
Copyright Conundrum: A monkey’s selfie
Okay, this article in the Washington Post is just too good not to mention. As reported in 2011 by the Guardian, British photographer David Slater spent three days in an Indonesian national park following and photographing crested black macaques, a type of monkey. At some point, he set up his…
Is Your Business’s Confidentiality Agreement Enforceable? Part 2
In a previous post we discussed a few basic principles of confidentiality agreements (also known as non-disclosure agreements or NDAs). That post discussed the basic of these agreements and the important principles of restrictive covenants and trade secrets. Left unanswered was the critical question: How long can, or should, a…
Is Your Business’s Confidentiality Agreement Enforceable? Part 1
Confidentiality agreements (also known as non-disclosure agreements or NDAs) are common in today’s business world. They are sometimes in the form of stand-alone agreements, often used when two businesses are discussing a potential deal and at least one of them needs to disclose to the other information that is not…
Righthaven Defendants Fight Back
On February 25, 2011 I wrote a blog post about Righthaven, LLC, a company that has made a business out of suing owners of web sites for alleged copyright infringement. At the time, Righthaven had filed at least 239 lawsuits against all sorts of defendants, including individuals, small businesses, and…
Copywriters Accused of Infringing Copyright
A few days ago I wrote about a whole raft of copyright infringement lawsuits that have been filed by a company called Righthaven, LLC. My hope was that drawing attention to those lawsuits might educate business owners and nonprofit organizations about the potential legal problems associated with posting copyrighted material…
Owners of websites: Learn from the Righthaven lawsuits!
Click here for a later post on this topic. You may not have heard about Righthaven, LLC, a company that has filed 239 (and counting) lawsuits against alleged copyright infringers in less than a year. But if your small business or nonprofit organization has a website, you should pay attention.…
Nonprofit Organization Settles Trademark Lawsuit: Little House on the Prairie
Earlier this week, Friendly Family Productions, LLC, the company that produced the television series Little House on the Prairie settled its lawsuit against a nonprofit corporation that operates a small museum outside Independence, Kansas. The museum is located at the site of the original house that Laura Ingalls Wilder wrote…