Pages

▼
Tuesday, April 25, 2023

Are NDAs unenforceable when they protect more than trade secrets?

›
Are NDAs unenforceable when they protect more than trade secrets? The standard answer is no. NDAs can prevent disclosure of contractually-de...
Monday, April 24, 2023

Too Much of a Good Thing: Jake Linford on Copyright & Attention Scarcity

›
In his fascinating 2020 article in  Cardozo Law Review,  entitled  Copyright and Attention Scarcity ,  Jake Linford provided a new justifica...
Monday, February 13, 2023

Lemley & McKenna: Trademark Spaces

›
Where a trademark is located matters. Some physical spaces on products are more likely to contain trademarks. Some obvious examples are the ...
Friday, October 21, 2022

Gersen & Hemphill: What's in a Bottle?

›
What's in a bottle?  If the bottle in question is shown below, the answer is protected trade dress. The Coca-Cola Company presently main...
Tuesday, September 6, 2022

Morten Follow-Up: What Do Federal Agencies' Enabling Statutes Say About Their Power to Disclose Trade Secrets?

›
In my prior post I interviewed    Christopher Morten   at Columbia Law School about his article  "Publicizing Corporate Secrets ,...
Saturday, August 27, 2022

Christopher Morten: Do Federal Agencies Have More Power To "Break" Corporate Secrets Than We Thought?

›
The prevailing wisdom is that federal agencies cannot generally disclose trade secrets and confidential information given to them in confide...
Tuesday, June 28, 2022

20 Years of Trade Secrets Scholarship

›
Professor Sharon Sandeen, at Mitchell Hamline School of Law, has posted an ongoing bibliography of trade secrets scholarship. It is pretty ...
Wednesday, June 8, 2022

What does ending the COVID-19 pandemic mean from a legal perspective?

›
By Lisa Larrimore Ouellette , Nicholson Price , Rachel Sachs , and Jacob S. Sherkow The COVID-19 pandemic isn’t over. The United States is a...
Thursday, March 3, 2022

How do we encourage innovation on “long COVID”?

›
By Jacob S. Sherkow , Lisa Larrimore Ouellette , Nicholson Price , and Rachel Sachs Since the pandemic began, numerous recovered COVID-19 pa...
Wednesday, February 9, 2022

Motorola v. Hytera: Why Might Government Bring a Criminal Trade Secrets Case After a Successful Civil One?

›
A federal indictment was unsealed yesterday in the Northern District of Illinois, charging Hytera, a Chinese maker of radio transceivers and...
Friday, January 21, 2022

What are the challenges in developing information around mixing-and-matching COVID-19 vaccines and therapies?

›
By Rachel Sachs , Jacob S. Sherkow , Lisa Larrimore Ouellette , and Nicholson Price The FDA has now authorized three vaccines and several tr...
Wednesday, January 12, 2022

Jessica Litman: Who Cares What Edward Rogers Thought About Trademark Law?

›
Professor Jessica Litman has a fascinating forthcoming book chapter on the history of the Lanham Act and the influence of Edward S. Rogers, ...
Monday, December 6, 2021

How does pregnancy factor into COVID-19 innovation?

›
By Nicholson Price , Rachel Sachs , Jacob S. Sherkow , and Lisa Larrimore Ouellette Pregnant people are at increased risk of severe illness...
Friday, November 5, 2021

Molnupiravir may become the first COVID-19 pill. What took so long?

›
By Lisa Larrimore Ouellette , Nicholson Price , Rachel Sachs , and Jacob S. Sherkow On October 1, the developers of the COVID-19 antiviral m...
Sunday, October 10, 2021

Courtney Cox on Trade Secrets and Lying

›
Courtney Cox, a professor at Fordham University Law School, has a very interesting trade secret law article forthcoming in George Washington...