When companies in Colorado and around the country decide to launch new media campaigns to promote their brands, they often ask several advertising agencies to submit their ideas during what are known as pitch sessions. This can lead to thorny legal problems as the winning campaign often contains marketing strategies and ideas that are similar to strategies and ideas submitted by agencies that failed to win the contract. Matters can also become complex when the winning agency includes some of its ideas in pitches it later makes to other clients.
In a decision that could have wide-ranging importance for trademark owners and licensees in Colorado, the Supreme Court has ruled that licensees retain their rights even after the licensor rejects the agreement in a bankruptcy proceeding. Bankruptcy courts have differed on the matter and how trademark licenses can be rejected under section 365 of the U.S. Bankruptcy Code. When a trademark owner files for bankruptcy, it may seek to repudiate its license agreements in order to restructure their rights process or escape obligations under their contracts.
Zillow, a Seattle-based real estate company with listings in Colorado and throughout the country, filed two lawsuits against its rival Compass on April 19. The suits allege that Compass violated the intellectual property of Zillow in addition to poaching employees who violated their non-compete agreements. The lawsuits were filed in both state and federal court, and ex-employees named were accused of stealing things like customer lists, sales data, and highly technical information.
When a person in Colorado creates a new product or improves upon an existing one, he or she may be given a patent. The purpose of the patent is to provide the creator the exclusive right to sell or license the product for a certain period of time. While patents are supposed to reward innovation, some have chosen to acquire patents for the sole reason of engaging in infringement litigation.
Those who follow copyright law in Colorado may be interested in a court case of interest involving a famous photograph and an iconic product logo that just ended. After the Supreme Court refused to hear the appeal, the Ninth Circuit Court of Appeal's opinion stood.
Colorado residents interested in copyright law may like to learn more about how a recent US Supreme Court ruling impacts copyright registration. In March 2019, the United States Supreme Court ruled that copyright owners need to have their work registered with the United States Copyright Office before they are able to file litigation to enforce their rights. This decision by the United States Supreme Court gives added emphasis to the importance of early filing of copyright applications.
Creators in Colorado depend on registration at the U.S. Copyright Office to protect their ownership of intellectual property. A case that hinges upon when copyright registration actually takes place is now before the Supreme Court of the United States. The Justices must reconcile the differing views about registration that emerged from lower courts to determine an infringement case's ability to go forward.
Intellectual property infringement may refer to violation of a copyright, a trademark, a patent or a trade secret. However, each of these is different. A person who has written something that is published or unpublished, including a novel, a television show or website, generally owns the copyright. If someone else takes the work and claims it as their own without permission, this is copyright infringement.
Colorado startups and existing companies in a wide range of industries are trying to take advantage of blockchain technology and cryptocurrencies. Many of these companies are creating new coins, software and infrastructure to support their ventures. As part of the process, experts say they should strongly consider protecting their intellectual property. There are several different types of IP protection available depending on the type of information involved.
Business owners in Colorado may file a lawsuit in federal court alleging infringement of intellectual property rights when they believe that another company has unlawfully stolen or used intellectual property such newly developed technology. One such lawsuit between Facebook and ZeniMax Media has settled out of court.