Things go from bad to worse for L’Oreal in their multifaceted litigation with Olaplex

In 2018, the Federal Circuit reversed the District Court of Delaware’s refusal to grant Liqwd a preliminary injunction against L’Oreal Liqwd v L’Oreal Preliminary Injunction.  Many reported earlier this summer on L’Oreal’s expensive loss to Olaplex in the District Court of Delaware.  (See, e.g., https://www.bloomberg.com/news/articles/2019-08-12/l-oreal-owes-startup-91-million-for-stealing-its-trade-secrets).  L’Oreal has now been dealt another blow by the Federal […]

No Breach of Contract/Trade Secret Misappropriation where Marking Provisions weren’t Followed

I wish I would have had this case in my back pocket when I was in-house, counseling clients entering into NDA’s. It provides a great cautionary tale of what happens when you enter into an agreement with provisions that you don’t then follow.  Hoover Panel Systems