Category Archives

US Supreme Court Opinion Impacts Trademark Infringement Claims

This morning SCOTUS ruled that the Lanham Act provisions regarding trademark infringement do not have extraterritorial reach - the alleged infringing “use in commerce” must be domestic. As Justice Jackson’s concurrence highlights, the nature of global commerce means that even this attempted bright line standard likely won’t function as one. What is clear, is that the Lanham Act will ...

This morning SCOTUS ruled that the Lanham Act provisions regarding trademark infringement do not have extraterritorial reach - the alleged infringing “use in commerce” must be domestic. As Justice Jackson’s ...

Protecting Trade Secrets in the Era of Generative Artificial Intelligence – Part II: Novelty

Last month we discussed how the rapid adoption of ChatGPT and its work-related usage may create new risks for businesses regarding the confidentiality requirements to establish trade secret protection. This article highlights another way that generative AI may change the trade secret landscape:  it may redefine what constitutes novelty and how to prove it. Under Washington law, a party ...

Last month we discussed how the rapid adoption of ChatGPT and its work-related usage may create new risks for businesses regarding the confidentiality requirements to establish trade secret protection. This ...

Protecting Trade Secrets in the Era of Generative Artificial Intelligence – Part I: Confidentiality

Generative AI has made headlines in recent months after the large language model ChatGPT launched for free public use. ChatGPT set the record for the fastest growing user base, obtaining 100 million monthly active users in only two months.[1] By March, that number had grown to over 1 billion users.[2] The allure of ChatGPT is that it can quickly ...

Generative AI has made headlines in recent months after the large language model ChatGPT launched for free public use. ChatGPT set the record for the fastest growing user base, obtaining ...

FTC’s Proposed Ban on Non-competes Would Preempt Washington State Law

In prior blog posts we examined Washington law on noncompete agreements: the current statutory scheme that curtails the use of noncompete agreements in certain contexts [here] and [here], and how Washington courts evaluate the reasonableness of a noncompete agreement to determine its enforceability [here]. A recently proposed rule by the Federal Trade Commission would upend this Washington law.[1] Under ...

In prior blog posts we examined Washington law on noncompete agreements: the current statutory scheme that curtails the use of noncompete agreements in certain contexts [here] and [here], and how ...

Division III Warns Potential Defendants: Denying a Clearly Valid Claim Could Mean You Owe Attorney’s Fees if You Get Sued

Since its adoption by the United States Supreme Court in 1796, the “American Rule” has been a bedrock principle of American law.1 The basis for the rule is the idea that it promotes access to the courts: potential litigants may be discouraged from pursuing their claims if losing would mean they had to pay the other side’s attorney’s fees. ...

Since its adoption by the United States Supreme Court in 1796, the “American Rule” has been a bedrock principle of American law.1 The basis for the rule is the idea ...

Washington’s Pocket Service Rule – a Unique and Useful Tool for Certain Plaintiffs

In Washington, a party does not have to actually file a complaint in Superior Court to start a lawsuit and trigger the time period within which the defendant must respond.[1]  Instead, a party can commence a lawsuit by serving a complaint and summons on the defendant.[2]  This process is commonly called “pocket service.”  It is different from the procedure ...

In Washington, a party does not have to actually file a complaint in Superior Court to start a lawsuit and trigger the time period within which the defendant must respond.[1]  ...

Digging into the Details of Washington’s New Non-Compete Law

This is the third post in a series examining Washington law on noncompete agreements. In the first, we provided an overview of the major changes to Washington law regarding noncompete agreements under new legislation that Governor Inslee signed into law on May 8, 2019. In the second, we discussed how Washington courts evaluate the reasonableness of a noncompete agreement ...

This is the third post in a series examining Washington law on noncompete agreements. In the first, we provided an overview of the major changes to Washington law regarding noncompete ...

What Makes a Non-compete Enforceable in Washington?

When a company hires senior employees, it may invest a great deal of time and money training them.  Employees also may receive access to confidential client lists, relationships with customers and vendors, or proprietary business information.  So what happens when employees move on, taking that training and knowledge with them?  Ex-employees sometimes are uniquely positioned to open up a ...

When a company hires senior employees, it may invest a great deal of time and money training them.  Employees also may receive access to confidential client lists, relationships with customers ...