Food Flavor Can't Be Trademarked (Even If The Baked Ziti Is Delicious)--NY Pizzeria v. Syal (Forbes Cross-Post)

Food Flavor Can’t Be Trademarked (Even If The Baked Ziti Is Delicious)–NY Pizzeria v. Syal (Forbes Cross-Post)

You may remember the advertising campaign for Coke Zero from almost a decade ago. The gag is that Coke Zero allegedly tasted so much like “real” Coke that one division of Coca-Cola threatened to sue another division for “taste infringement.”…

Congress Is Considering A New Federal Trade Secret Law. Why? (Forbes Cross-Post)

Congress Is Considering A New Federal Trade Secret Law. Why? (Forbes Cross-Post)

[Two brief introductory notes: (1) the trade secret bills have been dormant in Congress pending the November elections, but don’t rule out the possibility of them roaring back immediately thereafter, and (2) I have uploaded an expanded version of this…

More Intellectual Property Trivia Questions (The Outtakes)

More Intellectual Property Trivia Questions (The Outtakes)

Recently I posted our IP trivia quiz from WIPIP. To prepare those trivia questions, my colleagues (Tyler Ochoa and Brian Love) and I made a list of potential questions and then picked our favorites. In this post, I’m sharing the…

How Well Do You Know IP Trivia? Let's Find Out

How Well Do You Know IP Trivia? Let’s Find Out

Last week, the High Tech Law Institute hosted WIPIP, a conference where IP professors and fellows present their academic works-in-progress for peer feedback. As part of the festivities, we had an IP trivia night–which I believe is the first IP…

Lawsuit Over Google Hangouts Gutted–Be In v. Google

Be In v. Google, 12-cv-03373-LHK (N.D. Cal. Oct. 9, 2013) Be In developed “CamUP,” described as a “social entertainment consumption platform that allows a group of friends to simultaneously watch, listen, chat and collaborate around shared videos, music, and other…

Some 47 USC 230 Cases From the Past Year You Might Have Missed (Because I Didn’t Blog Them)

By Eric Goldman How do you celebrate the Fourth of July? I spent the holiday thinking about how 47 USC 230 enhances my freedoms. However, I’ve been feeling a little guilty because I try to blog every Section 230 case…

Recap of Washington State’s Employer Social Media Password Bill

[Post by Venkat Balasubramani] SB 5211 (passed by Senate April 27, 2013) Both chambers of the Washington legislature passed Substitute Senate Bill 5211, and it now awaits the Governor’s signature. No Washington legislators voted against it. Here are the key…

Nosal Convicted of Computer Fraud and Abuse Act Crime Despite His Ninth Circuit Win – US v. Nosal

[Post by Venkat Balasubramani, with a comment from Eric] US v. Nosal, CR 08-0237 EMC (N.D. Cal. Mar. 12, 2013) (.pdf, denying motion to dismiss) US v. Nosal, a case that spawned two Ninth Circuit opinions and that’s sure to…

Online Trespass to Chattels Needs Structural Reform (Forbes Cross-Post)

By Eric Goldman In light of Aaron Swartz’s tragic suicide, there has been a lot of discussion–some productive, some not–about reforming the Computer Fraud & Abuse Act (the “CFAA”).  I support some of the reform proposals, but they don’t go…

Employer Fails to State Stored Communications Act Claims Absent Allegations That Employees Interfered With Company Accounts – Castle Megastore v. Wilson

[Post by Venkat Balasubramani] Castle Megastore Group, Inc. v. Wilson, et al., 2013 WL 672895 (D. Ariz. Feb. 25, 2013) Castle Megastore is going after three of its former employees for their alleged breaches of contract, misappropriation of trade secrets,…