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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…

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Design 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…

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Covenants 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…

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