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Tag Archives: Intellectual Property

Contract – Intellectual Property – Trade Secrets – Immigration – Labor & Employment – Tort/Negligence – Dance Studios (access required)

Krawiec v. Manly (Lawyers Weekly No. 020-010-16, 31 pp.) (Louis Bledsoe III, J.) 2016 NCBC 7 Holding: Plaintiffs’ claim for misappropriation of trade secrets fails because plaintiffs have not adequately described the dance routines that the defendant-dancers allegedly misappropriated. Defendants’ ...

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Corporate – Tort/Negligence – Breach of Fiduciary Duty – Directors – Colorado Law – Bankruptcy (access required)

Angell v. Accugenomics, Inc. (In re Gene Express, Inc.) As non-management directors, defendants Antonucci, LoRusso and Pyles were not expected to devote all their time and attention to the debtor; however, they were made aware of threats posed by Stephen Kallabis and his efforts to divest shareholders of their interests and realize the debtor’s operations and intellectual property for himself.

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Intellectual Property – Copyright Registration – Application Approach – Tort/Negligence – Fraud — Civil Practice – Discovery – Apex Officers (access required)

Performance Sales & Marketing LLC v. Lowe’s Companies The court adopts the “application approach” to determining when a copyright is “registered.” Therefore, plaintiff’s copyright of its online grill parts ordering (GPO) system is deemed to have been registered on the date that plaintiff submitted its copyright application.

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Intellectual Property – Patent – Qui Tam – False Marking Claim – 2011 Amendment – Constitutional (access required)

Cloverleaf Golf Course, Inc. v. Bayer Cropscience LP Where plaintiff alleges that defendants violated 35 U.S.C. § 292 by falsely marking articles with expired patents for the purpose of deceiving their competitors and the public into believing that such articles are covered by the falsely marked patents, plaintiff’s cause of action has been abrogated by the Leahy-Smith America Invents Act, which became effective on Sept. 16, 2011 and applies to every action pending at that time.

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Civil Practice – Personal Jurisdiction – Tort/Negligence – Defamation – Internet Postings – Intellectual Property (access required)

Gibson v. Social Knowledge, LLC People from other states – who allegedly posted defamatory statements about the N.C. plaintiff on internet forums – are not subject to this court’s jurisdiction. The court grants defendants’ motion to dismiss for lack of personal jurisdiction.

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