Faruki Blog

Design Flaw? The Federal Circuit Keeps the Separate Test For Obviousness of Design Patents, For Now

In a recent decision, LKQ Corp. v. GM Global Tech. Operations LLC, No. 2021-2348, 2023 U.S. App. LEXIS 1412 (Fed. Cir. Jan. 20, 2023), the Federal.. Read More

Protecting Trade Secrets from Public Exposure at Trial (Authored by Sergio G. Fernandez and Griffin R. Reyelts | Bar Results Pending | Faruki PLL)

Trade secret litigation, besides the potential to be expensive and onerous, carries with it risks to sensitive trade information.  Because a trade.. Read More

Be Reasonable: Protecting Against Misappropriation of Trade Secrets

To date, the Faruki+ Intellectual Property Blog Series has discussed copyright, patent, and trademark issues.  These three types of intellectual.. Read More

Factors Considered in Determining Willful Patent Infringement and the Concept of Deliberate Indifference

Once a person or company is found liable for infringing on another's patent, damages are awarded against the infringer to compensate the patent.. Read More

Publicity Rights: Name, Image, and Likeness, Oh My

Fans of "The Kardashians" may remember a clip of Kim's son, Saint, gleefully showing his mom a picture of herself that appeared on his game.  In.. Read More

Avoiding the Patent Troll Toll

The American patent system incentivizes inventors to patent an idea in exchange for obtaining the sole right of commercialization or exclusion of.. Read More

The Role of Markman Hearings in Patent Litigation (Co-Authored by Former Faruki Law Clerk Meghan L. Savercool)

When a party files a complaint alleging its patent has been infringed, it must make a "short and plain" statement claiming either direct.. Read More

Trade Dress – IP Right Outside of Words, Logos, and Symbols (Authored by Faruki Law Clerk Damini Mohan)

Trade dress is a type of trademark right that protects the overall appearance or feel of a product, in contrast to a traditional word or logo.. Read More

Raise a Glass to the Design Patent: A Comparison of Patent and Trademark Protections for Products Both Functional and Ornamental (Authored by Faruki Law Clerk Meghan L. Savercool)

In 2007, after months of research and prototype-testing, Boston Beer chairman Jim Koch unveiled what he dubbed the "perfect pint glass."  It has a.. Read More

What's the Frequency, Performance Rights? Businesses Can Run Afoul of Copyright Law by Just Playing Music

Music is ubiquitous in most people's daily lives. Everywhere from coffee shops to gyms to retail shops play music non-stop. However, even if everyone.. Read More
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