Author: ccarns
An 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 ArticleFourth District Bench/Bar Meeting – Sept. 19
Thursday, September 19, 201912:00 - 1:00 p.m. (MT)Boise City Council Chambers150 N. Capitol Blvd. - Boise, ID1.0 CLE credits Back by popular demand! The Fourth District Bar is proud to announce the revival of the Bench/Bar meeting and CLE series. …
Read Full ArticleIdaho Criminal Rule 4 Amendment – Telephonic Arrest Warrants
The Idaho Supreme Court has amended Idaho Criminal Rule 4 to allow an application for an arrest warrant by telephone or other electronic means similar to the process set out in I.C.R. 41 for search warrants. The rule was effective…
Read Full ArticleIdaho Students Awarded at National Mock Trial Championship
By Carey A. Shoufler Idaho was well represented at the recent National High School Mock Trial Championship in Athens, Georgia. Idaho’s courtroom artist, Mikayla Dougherty, placed third in the National Courtroom Artist Contest and Laina Wyrick from Idaho’s national mock…
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