A high profile trade secret dispute among the board members of one of the fashion world’s most well-known companies has the American fashion elite taking sides. Last month, Christopher Burch filed a breach-of-contract and tortious interference complaint against his ex-wife, fashion mogul Tory Burch, in Delaware Chancery Court. In response, Tory filed counterclaims in early November, in which she accused
Continue Reading Breach of Fiduciary Duty and Trade Secret Misappropriation Alleged In “Preppy Clothing Dispute” Involving Fashion Designer Tory Burch

By Marcus Mintz

Recognizing the trend across Illinois appellate courts in recent years, the Illinois Supreme Court joined the “vast majority of other jurisdictions” in recognizing the tort of intrusion upon seclusion – a claim against one who intentionally intrudes upon another’s privacy if such intrusion would be highly offensive to a reasonable person. In Lawlor v. North American Corporation
Continue Reading Illinois Supreme Court Affirms Liability Against Former Employer For Unlawful Investigation Methods Used By Private Investigators In Non-Competition Investigation Into Activities By Ex-Sales Agent

The litigation between Kixeye and Zynga, two rivals in the mobile gaming market, has heated up over the past week.

Last month, we wrote about the alleged removal of dozens of files and emails by former Zynga app-maker, Alan Patmore. Last Thursday, apparently based upon information learned in discovery, Zynga upped the stakes, naming Kixeye in the First Amended Complaint
Continue Reading Mobile Game Rivals Clash In California Trade Secret and Unfair Competition Suit

By Joshua Salinas and Jessica Mendelson

Think that patents, trademarks, and copyrights are the only intellectual property where reasonable royalties are available? Think again! On September 27, 2012, a district court for the Northern District of Oklahoma found “exceptional circumstances” existed to award a royalty injunction for the misappropriation of trade secrets.  Skycam, LLC v. Bennett, No. 09-CV-294-GKF-FHM,
Continue Reading Royalties Awarded for Theft of Skycam Trade Secrets

By Robert Milligan and Jessica Mendelson

With the NBA basketball season almost upon us, a high profile legal battle between an aspiring NBA sports agent and his former agency continues to heat up in Los Angeles federal court. The case involves some interesting non-compete, trade secret, and privacy issues.

In April 2012, we first alerted you to the colorful case
Continue Reading Sports Agent Non-Compete and Trade Secrets Dispute Heats Up in California

Please join Seyfarth Shaw on October 25, 2012 in Costa Mesa, California and on November 1, 2012 at our downtown office in Los Angeles, California for an informative breakfast briefing on best practices when dealing with newly hired or departing employees and the incumbent trade secret and information protection issues.

In today’s highly mobile and competitive world, employees frequently move
Continue Reading Complimentary Breakfast Briefing Offered In Orange County and Los Angeles On Trade Secret Protection Best Practices In the Hiring and Departure of Employees

By James Yu

Apparently it’s not just the sweet, delicious taste of Magnolia Bakery cupcakes that had people lining up in droves for a box or three since it opened its first store in Greenwich Village, New York over 15 years ago.

According to a Complaint filed on September 20, 2012 by Magnolia, entitled Magnolia Intellectual Property, LLC v. Buba
Continue Reading The Trade Secret Is In the Swirl Cupcake: Bakery Sues To Protect Its Signature Icing Topping

By Joshua Salinas and Jessica Mendelson

A federal district court for the Northern District of California recently held in a “competitor click fraud” case that a mere assertion of a violation of the Computer Fraud and Abuse Act claim without sufficient factual details regarding any inside or outside “hacking” is insufficient to establish subject matter jurisdiction over the action. (
Continue Reading “Click Fraud” Allegations Found Insufficient Under Computer Fraud and Abuse Act, But Personal Jurisdiction Found Where Defendant Company’s Website Deliberately Targeted Consumers Within the Forum State

On September 14, 2012, the State Bar of California Intellectual Property Section presented its 2012 IP and the Internet Conference. The conference featured high level experts from companies such as Twitter, Yahoo!, Warner Bros. Entertainment, Salseforce.com, True Religion Brand Jeans, and Autodesk, who covered emerging issues and hot topics in intellectual property and Internet law. Below are a few highlights
Continue Reading Summary of the 2012 IP and the Internet Conference Presented by the State Bar of California

In a legal matchup involving some Hollywood heavyweights, Thomas Randolph filed suit in Los Angeles Superior Court recently, alleging he was defrauded out of his stake in a prominent 3-D movie technology venture.

Randolph sued William Sherak, the son of Motion Picture Academy of Arts and Sciences President Tom Sherak and a prior chairman of 20th Century Fox’s domestic film
Continue Reading Alleged Breach of Non-Disclosure Agreement Related To 3-D Technology At Issue In New California Suit Involving Hollywood Heavyweights