Month: September 2019
Write the Right Words: Effective Legal Writing
By Tenielle Fordyce-Ruff Variety is the spice of life, but not necessarily legal writing. While we might want our writing to be interesting enough to keep the reader’s attention, and we certainly want our writing to persuade the reader that…
Read Full ArticleU.S. District Judge Edward Lodge: A Constant on the Bench
By Lindsey M. Welfley Photo courtesy of the U.S. District Court, District of Idaho. We would like to congratulate U.S. District Judge Edward Lodge, Idaho's longest-serving member of the judiciary, on his retirement. If you're familiar with Judge Lodge's courtroom,…
Read Full ArticleIdaho Supreme Court on Warrantless Misdemeanor Arrests
By Jessica A.H. Howell A case out of the Idaho Supreme Court is making headlines around the state for a significant change in criminal procedure.[i] On June 12, 2019, the Court issued State v. Clarke, Docket No. 45062, unanimously holding…
Read Full ArticleAn Update on Federal Trademark Damages Law: Why Additional Clarity is Needed and May Soon Be Forthcoming
By Teague I. Donahey In trademark cases, the primary remedial focus is typically an injunction: the trademark owner seeks to prevent the defendant from continuing to use the trademark that has been infringed so that consumer confusion is alleviated and…
Read Full ArticleDesign Patents: Common and Costly Mistakes to Avoid
By Elizabeth Herbst Schierman Think of a “patent” and what likely comes to mind is a long, technically-complex document covering the intricacies of an invention—such as a physical machine or article of manufacture. One likely also pictures several highly-detailed patent…
Read Full ArticleCovenants Not to Compete: An Idaho Practitioner-Focused Historical Perspective
By Kammie Cuneo The ancient notion of a “covenant in restraint of trade” has given way to the modern non-compete agreement. Over recent decades, as the use of non-compete agreements has proliferated, states including Idaho have developed statutory frameworks to…
Read Full ArticleTo Take or Not To Take? The Intersection of Intellectual Property and Regulatory Takings
By Kendra S. Ankrum The America Invents Act (“AIA”), effective since 2012, established a procedure to challenge patents through inter parties review (“IPR”) before the Patent Trial and Appeal Board (“PTAB”). IPRs have become a popular, cheaper alternative to litigation…
Read Full ArticleToilet Talk and Trademark Trouble: An Adventure Through a Likelihood of Confusion Analysis
By Alexandra Hodson Although the title of this article may insinuate that we will be delving into SCOTUS’ recent decision in Iancu v. Brunetti,139 S. Ct. 2294 (2019)—a landmark case in which the Supreme Court invalidated the Lanham Act’s bar…
Read Full ArticleCommissioner’s Message: Who Wouldn’t Want to be Perry Mason
By David E. Kerrick I first wanted to be a lawyer sometime between 1957 and 1966. It was during this time that I was introduced to perhaps the greatest lawyer of all time, Perry Mason. Perry came into our house…
Read Full ArticleBellwood Memorial Lecture – Climate Change and the Future of Energy, Oct. 22 & 23
Climate Change and the Future of Energy The University of Idaho College of Law, Idaho Supreme Court, and Idaho State Bar are proud to announce the 2019-20 Bellwood Memorial Lecture: Reception & Remarks Tuesday, Oct. 22, 20195:00 p.m. MSTJUMP, Pioneer…
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