- Posts by Mark E. MusekampAssociate
Mark Musekamp is an intellectual property lawyer who advises companies of all sizes and individuals on technology transactions and intellectual property matters relating to trademarks, copyrights, and trade secrets. In this ...
Although substantive portions of trademark license agreements receive most of the attention, as shown in a recent decision of the Delaware Court of Chancery, choice of law provisions, such as those frequently found in the boilerplate of most agreements, should receive careful consideration as well. In Mrs. Fields Brand, Inc. v. Interbake Foods LLC (a copy of which is viewable here), a well-known cookie company, Mrs. Fields as licensor, sought a declaratory judgment that its contract manufacturer, Interbake as licensee, could not terminate their license agreement before the expiration of the then-current term.
With President Obama’s signing of the Defend Trade Secrets Act (DTSA) on May 11, 2016, federal intellectual property law has expanded to include trade secrets, which had previously been governed exclusively by state law. Although the text of the DTSA is largely consistent with the Uniform Trade Secrets Act (UTSA), the law which 48 states have adopted in some form to protect trade secrets, this new law contains several features which will provide expanded protection to trade secret owners.
- Intellectual Property
- Social Media
- Craft Brewing
- Trademark Litigation
- Medical Marijuana
- United States Patent and Trademark Office
- Trademark Trial and Appeal Board
- Registered Trademark
- Federal Trademark
- Amazon's Brand Registry
- Medical Cannabis Dispensaries
- Drug Enforcement Agency
- Uniform Trade Secrets Act
- E-Discovery Case Law
- Regulation Fair Disclosure
- Securities Law
- Securities Regulation
- Generic.com Terms Are Not Per Se Generic
- EU Trademarks Post-Brexit: Now What?
- Don’t end up on The Elf on the Shelf’s naughty list!
- Stay Out of Trouble With the Federal Trade Commission
- "Aloha Poke": Social Media and Consumer Perception are Part of the Trademark Enforcement Equation
- Could Any Old Yahoo Nab Chief Wahoo?
- Trademark Registration Practice is Officially…umm…Well, You’ll See
- Booze is Booze, Right? Not so fast...
- Did A Neural Network Just Solve Craft Brewing's Trademark Problems?
- Enroll in Amazon’s Brand Registry 2.0… But Only if You Own a Registered Trademark