On May 3, 2018, the Court of Appeals issued an opinion, E.J. Brooks Co. v Cambridge Sec. Seals, 2018 NY Slip Op 03171, answering a question certified by the Second Circuit, namely whether a plaintiff can recover its competitor’s avoided costs as damages in a trade secrets action, whether as misappropriation, unfair competition, or unjust… Read more »
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Posts Categorized: Intellectual Property
Theft of Trade Secrets Claim Dismissed for Failure to Allege Wrongful Means
On April 3, 2018, the First Department issued a decision in BGC Partners, Inc. v. Avison Young (Canada) Inc., 2018 NY Slip Op. 02290, holding that a theft of trade secrets claim should have been dismissed for failure to allege the use of wrongful means in obtaining the trade secrets, explaining: The cause of action… Read more »
Claim for Misappropriation of Ideas Dismissed on Summary Judgment
On November 14, 2017 Justice Sherwood of the New York County Commercial Division issued a decision in Schroeder v. Cohen, 2017 NY Slip Op. 32463(U), dismissing a claim for misappropriation of ideas, explaining: This cause of action for misappropriation of ideas requires proof of two elements: (1) a legal relationship between the parties in the… Read more »
Theft of Trade Secrets Claim Fails; Customer Lists Were Not Shown to be Secret
On June 28, 2017, the Second Department issued a decision in Tri-Star Lighting Corp. v. Goldstein, 2017 NY Slip Op. 05261, affirming the dismissal of a theft of trade secrets claim because the alleged trade secrets (customer lists) were not adequately alleged to have been secrets, explaining: The Supreme Court properly granted that branch of… Read more »
Court of Appeals Accepts Certified Questions Regarding Calculation of Damages and Prejudgment Interest in Trade Secret Cases
On June 27, 2017, the Court of Appeals accepted two certified questions from the Second Circuit in E.J. Brooks Co. v. Cambridge Sec. Seals, 2017 NY Slip Op 78277: 1. “[W]hether, under New York law, a plaintiff asserting claims of misappropriation of a trade secret, unfair competition, and unjust enrichment can recover damages that are… Read more »
Court Refuses to Enforce No-Challenge Clause in Patent License
On June 14, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in Island Intellectual Property LLC v. Reich & Tang Deposit Solutions, LLC, 2017 NY Slip Op. 27199, holding that the provision of a patent license prohibiting the licensee from challenging the validity of the licensed patents was unenforceable, explaining:… Read more »
Clothing Designs Other Than Trademarked Logos are Not Protected Intellectual Property
On November 1, 2016, Justice Sherwood of the New York County Commercial Division issued a decision in S.A.S.C.O. Trading, Inc. v. Pamnani, 2016 NY Slip Op. 32243(U), holding that clothing designs were not protected intellectual property, explaining: Assuming that defendants copied designs created by plaintiffs, such designs appear not to be protected unless the copying… Read more »
When Party Requires that Information it Sells Be Kept Confidential, Information Still Protected
On October 25, 2016, the First Department issued a decision in BitSight Technologies, Inc. v. SecurityScorecard, Inc., 2016 NY Slip Op. 06980, holding that when a party requires that information it sells be kept confidential, that information remains protected as confidential information despite its sale, explaining: When a party sells information to subscribers with the… Read more »
Civil Rights Law § 51 Claims For Misuse Of Likeness Against Grand Theft Auto V Dismissed On Appeal
On September 1, 2016, the First Department issued a decision in Gravano v. Take-Two Interactive Software, Inc., 2016 NY Slip Op. 05942, dismissing plaintiffs’ claims under N.Y. Civil Rights Law § 51. Plaintiff Karen Gravano is the daughter of notorious mafia figure Sammy “the Bull” Gravano, and is currently appearing on the reality show “Mob… Read more »
Client Q&A: I think someone is infringing my patent. What should I do?
I think someone is infringing my patent. What should I do? By John M. Lundin A patent does not give you the right to make the patented invention, it gives you the right to prevent others from making, using, selling or offering to sell the patented invention. But if someone is infringing your rights under… Read more »