Arctic Cat has recently been awarded damages of $46.7 million in its case against Bombardier Recreational Products, Inc. (BRP), an award that is more than triple the $15 million the jury awarded Arctic on June 1st. The judge’s decision to increase the amount of the award was based on the determination that BRP “willfully” infringed […]

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  The fight between Apple Inc. and Samsung Electronics Co., the world’s two leading smartphone manufacturers, is not limited to the marketplace – in the past five years, Apple has filed over fifty patent infringement lawsuits internationally against Samsung. The most recent United States ruling was decided in favor of Apple by the Federal Court […]

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Gilead Sciences is a bio-pharmaceutical research and development company that discovers, develops and commercializes innovative medicines in areas of unmet medical need.  Recently, Gilead lost a patent infringement case to Merck, another pharmaceuticals company, and was ordered to pay $200 million in royalties for a pair of hepatitis C drugs, Sovaldi and Harvoni.  The combined […]

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Under Armour filed a complaint against NIKE Inc. claiming trademark infringement, trademark dilution, and unfair competition under the Trademark Act of 1946 over their phrase “I Will” and is seeking equity from NIKE. Under Armour (UA) argues that NIKE was fully aware that they registered the phrase in 2000 and even as of 2012, they […]

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First, it’s important to mention that the agreement in place is based on mutual needs and terms between both parties. Needless to say, both parties should be benefiting from this partnership. In order to ensure the terms are being met and maintained consistently across the board, the franchisor will conduct audits of their franchisees as […]

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Any company is likely to run across a scenario where someone that works there develops something. It could be a method or technique that speeds up data entry. It could be a software tool which cuts costs by 10%. There are any number of things that employees of a company could develop while working for […]

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A trademark is a word, name, symbol, or design used to distinguish the goods or services of one seller from others. Anyone in commerce depends on their reputation and trademarks are a necessary part of that. As such they are protected. When a third-party uses a trademark without authorization, the trademark holder may be entitled […]

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Here come the rental trucks. In a major patent or copyright infringement case, a common tactic is to bury the opposing side in paper–truckloads of documents that only a trademark infringement expert can decipher. Pretrial discovery is certainly one of the most important means of fact-finding to win a case, and both sides will use legal discovery […]

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The value of a business ultimately depends on the buyer’s price. There is no right way to objectively determine the value. However, as Steven Robins states in his question and answer column (Entrepreneur, January 11, 2004), “you could probably come up with several wrong ones.” The idea of business valuation is to predict how likely […]

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