Nov 15, 2018

The Intersection of Trade Dress and Design Patents in Product Design

Trade Dress and Design Patents

On October 30, 2018, the United States Court of Appeals for the Federal Circuit vacated and remanded the International Trade Commission’s decision regarding the trade dress infringement of Converse’s design in its Chuck Taylor shoes (see below). In a split opinion, the Court held that trade dress infringement occurs only if the defendant’s design is… Read more

Jun 7, 2018

Is Inadequate Data Security an Unfair Trade Practice?

Doctor's Office: Inadequate Data Security?

In LabMD, Inc. v. Federal Trade Commission, Case No. 16-16270 (decided June 6, 2018) the United States Court of Appeals for the Eleventh Circuit addressed the enforcement of an FTC order finding that a business’s allegedly inadequate data security practices were unfair trade practices under Section 5(a) of the Federal Trade Commission Act. LabMD operated… Read more

Jun 12, 2009

New Ruling on Exclusive Cable Contracts

TV Remote

On May 26, 2009, the United States Court of Appeals for the District of Columbia Circuit, in the case of National Cable & Telecommunications Ass’n v. Federal Communications Commission, 2009 WL 1444094 (D.C. Cir. 2009), upheld a rule and order of the Federal Communications Commission, 22 F.C.C.R. 20,235 (2007), that banned exclusivity provisions in contracts… Read more