Web Domains and The Forgotten Tort of Trespass to Chattels

by James Kachmar
The IP Law Blog

California case law over the last few years is replete with instances where a new and/or small business has one of their employees take responsibility for various IT activities such as setting up the company website and/or email domains.  Disputes arise when that employee leaves for other employment and refuses to give the former employer access to the business domain and/or emails.  This is what happened in the recent case, Pneuma International, Inc. v.

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30 Weintraub Tobin Attorneys Named to 2019 Northern California Super Lawyers and Rising Stars Lists

Weintraub Tobin is pleased to announce that more than 30 Weintraub Tobin attorneys have been included on the 2019 Super Lawyers and Rising Star lists for outstanding attorneys Northern California.  In addition, 6 Weintraub Tobin attorneys received special recognition on Northern California and Sacramento “Top” lists.

Attorneys selected to the 2019 Northern California Super Lawyers list include Brendan J. BegleyGary L. Bradus, Kay U. Brooks

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When is an Invention Obvious?

by Audrey A. Millemann
The IP Law Blog

To be patentable, an invention must satisfy two key requirements, as determined by the U.S. Patent and Trademark Office (PTO).  First, the invention must be novel.  This means that the same invention cannot have been disclosed in a single prior art reference.  The prior art is all of the publicly available information that existed before the date the patent application was filed.  Second, the invention must not have been obvious to a (hypothetical) person skilled in the art (the field of the invention) based on the prior art.

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Potential Copyright Owners Beware: Make Sure Your Copyright Registrations Are Accurate!

by James Kachmar
The IP Law Blog

Normally, a copyright registration certificate constitutes “prima facie evidence of the validity of a copyright and of the facts stated in the certificate.”  17 U.S.C. §410(c).  But what happens if that certificate contains knowingly inaccurate information? The purported copyright owner could face not only invalidation of the copyright, but the inability to pursue copyright infringement claims or risk an award of attorney’s fees against them if they do so. This was the result in a case recently decided by the Ninth Circuit Court of Appeals titled: Gold Value International Textile,

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Although the Battle of King’s Landing is Over and the Game of Thrones has Ended, the War to Protect HBO’s Intellectual Property Rages on

by Josh H. Escovedo
The IP Law Blog

If your heart is beating and your lungs are taking in oxygen, you know that Game of Thrones recently reached its epic conclusion. It’s sad, but true. After eight glorious seasons, the most watched television series in history has ended. Even as I put the words to paper, or rather, this Word document, it doesn’t seem real. For those of you who haven’t watched the series, you probably think I’m being melodramatic. But loyal Thrones supporters know the agony I felt and can mostly likely empathize.

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Certain Delivery Drivers Are Exempt from the Federal Arbitration Act and May Proceed with Class Actions

by Ryan E. Abernethy
The Litigation Law Blog

 

By: Ryan E. Abernethy

In this age of expensive class-action litigation, many California companies have found solace in their arbitration agreements. Under certain circumstances, the enforcement of such agreements includes the dismissal of class action claims. This has largely been made possible by the Federal Arbitration Act (FAA) which requires judges to enforce a wide range of written arbitration agreements notwithstanding contrary state law. California courts have a long history of delivering rulings that attempt to narrow the scope and effect of the FAA.

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If You Can’t Describe It, You Can’t Patent It!

by Audrey A. Millemann
The IP Law Blog

One of the requirements for obtaining a patent is the written description requirement – the specification must include a written description of the invention. 35 U.S.C §112(a).  This requirement means that the specification must fully disclose what the invention is.  The purpose of the written description requirement is to demonstrate to persons skilled in the art of the invention that the inventor had possession of the invention at the time the application was filed, i.e.,

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U.S. Supreme Court Allows App Store Anti-Trust Class Action to Proceed Against Apple

by Eric Caligiuri
The IP Law Blog

In APPLE INC. v. PEPPER ET AL., case number 17-204, the United States Supreme Court considered a case alleging Apple has monopolized the retail market for the sale of apps and has unlawfully used its monopolistic power to charge consumers higher-than competitive prices. As an early defense in the case, Apple asserted that the consumer plaintiffs could not sue Apple because they supposedly were not “direct purchasers” from Apple under Illinois Brick Co.

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Allegiant Airlines Tips its Hand Regarding Las Vegas Stadium Rights

by Josh H. Escovedo
The IP Law Blog

If you’re a fan of branding and sports, you may have wondered who will affix their name to the Raiders’ new stadium in Las Vegas. The construction is underway, but the team has yet to announce whose name the stadium will bear. However, we may have discovered a clue based upon a recent filing with the USPTO.

On March 29, 2019, Allegiant Airlines, a Las Vegas-based airline, filed a trademark application for ALLEGIANT STADIUM.

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