Fourth Circuit Affirms Extraterritorial Injunction in IP Dispute
The Fourth Circuit (Judge J. Harvie Wilkinson III) recently affirmed an extraterritorial preliminary injunction in a cross-border intellectual property dispute. In dmarcian Inc. v. DMARC Advisor BV, the court engaged in distinct extraterritorial analyses of federal trademark law, federal trade secret law, and state tortious interference claims. It is a particularly well-written opinion worth reading…
Continue ReadingMore Thoughts on the Seventh Circuit’s Motorola Decision
Like Tim Holbrook, we found the Seventh Circuit’s decision in Motorola Solutions, Inc. v. Hytera Communications Corp. Ltd. provocative. Motorola expands the reach of the Defend Trade Secrecy Act (DTSA) in ways that strike us as inconsistent with the Supreme Court’s concerns about extraterritorial application of U.S. law, particularly in the context of intellectual property…
Continue ReadingSeventh Circuit Explores Copyright and Trade Secret Extraterritoriality
In Motorola Solutions, Inc. v. Hytera Communications Corp. Ltd., the Seventh Circuit  recently addressed the extraterritorial reach of two federal intellectual property statutes, the Defend Trade Secrets Act (DTSA) and the Copyright Act. The court held that the DTSA does apply extraterritorially and allowed recovery on that basis. The court, however, rejected the recovery of…
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