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antitrust Tag

Patent Assignments to Native American Tribes: Brilliant or Bad Business?

The recent trend of companies transferring patents to Native American tribes has raised some concerns about anticompetitive business practices.  Lawsuits brought by patent-holding tribes as a result of these assignments have been popping up a lot lately, and major companies are fit to be tied. Essentially, companies are assigning their patents to tribes in order to take advantage of the tribes’ sovereign immunity, thus shielding them from the patent review process and potential patent invalidation.  The most recent targets of these lawsuits in the tech industry have been Apple, Amazon and Microsoft. The method works something like this.  A company files for...

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Lawsuits and Fines Plague Amazon to Kick off 2017

Despite its recent announcement of plans to create 100,000 jobs during the next 18 months, 2017 is off to a rocky start for Amazon. Just days before the new year, RUN-DMC Brand filed a lawsuit against Amazon (and others, including Walmart and Jet.com) seeking $50 million in damages for trademark infringement, dilution, and unfair competition. RUN-DMC’s complaint alleges that the defendants are advertising, manufacturing, selling, and distributing multiple products with the iconic 1980s rap/hip-hop group’s RUN-DMC trademark without the permission of RUN-DMC, which is owned by former band member, Darryl McDaniels. Run-DMC alleges that Amazon directly advertises and sells infringing products,...

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Open for Comment: Proposed Revisions to the 1995 Antitrust Guidelines for Licensing Intellectual Property

The Federal Trade Commission (FTC) and the Department of Justice (DOJ) recently released proposed revisions to the 1995 Antitrust Guidelines for Licensing Intellectual Property, and they have invited the public to comment on the proposed changes. The guidelines provide direction on antitrust issues that may arise when licensing intellectual property. The proposed updates to the guidelines embrace three general principles: “For the purpose of antitrust analysis, the Agencies apply the same analysis to conduct involving intellectual property as to conduct involving other forms of property, taking into account the specific characteristics of a particular property right.” “The Agencies do not presume that intellectual...

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Antitrust vs. Anti-Trump: The Donald’s Feud With Amazon

Amazon is the largest internet-based retailer in the United States, and it is growing exponentially. Consumers have come to rely on the retailer — and what’s not to love about Amazon Prime — to the tune of more than $107 billion in net sales in 2015. It kicked off the summer by hitting an all-time high of more than $724 per share, leaving Facebook and other high valued companies in the dust. And though Amazon is showing no signs of slowing down (it’s looking to become a multi-trillion dollar company in the next 10 years), due to some of its...

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