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Gracie v. Gracie
While jury instructions given could have been more precise, denial of new trial motion was proper and not abuse of discretion.
Intellectual Property Jul. 17, 2000
Sony Computer Entertainment America Inc. v. Bleem
Unauthorized use of accurate still image from animated video game for comparative advertising constitutes fair use under Copyright Act.
Intellectual Property Jul. 10, 2000
Walter v. Mattel Inc.
Under Lanham Act, likelihood of reverse confusion does not occur when toy manufacturer packages doll with name similar to commercial artist's logo.
Intellectual Property Jun. 29, 2000
Interstellar Starship Services Ltd. v. Epix Inc.
Summary judgment is improper when there is conflicting evidence regarding whether web-site address name infringed on another company's trademark.
Intellectual Property Jun. 12, 2000
Interstellar Starship Services Ltd. v. Epix Inc.
Summary judgment is improper when there is conflicting evidence regarding whether web-site address name infringed on another company's trademark.
Intellectual Property Jun. 12, 2000
Comedy III Productions Inc. v. ABC New Line Cinema
Clip from 'The Three Stooges' film, later used in feature film, is not an enforceable trademark.
Intellectual Property Jun. 9, 2000
Mendler v. Winterland Production Ltd.
Licensing agreement authorizing use of photographs for illustrations doesn't cover computer-scanned images of photos that retain lifelike appearance.
Intellectual Property Jun. 2, 2000
Self-Realization Fellowship Church v. Amanda Church of Self-Realization
Religious leader's writings and spoken lectures are not 'works for hire' or 'works of corporate body' subject to Copyright Act.
Intellectual Property Jun. 2, 2000
Duggan's Funeral Service Inc. v. Duggan's Serra Mortuary Inc.
Federal and state courts have concurrent jurisdiction over Lanham Act claims and, therefore, state court may cancel federal trademark registration.
Intellectual Property Jun. 1, 2000
Hydranautics v. NAJ FilmTec Corp.
Court finding that unsuccessful patent infringement action isn't objectively baseless does not preclude subsequent malicious prosecution suit.
Intellectual Property May 5, 2000
Sony Computer Entertainment Inc. v. Connectix Corp.
Intermediate copies made by computer software manufacturer to 'reverse engineer' competitor's copyrighted program to make non-infringing emulation is protected under Copyright Act.
Intellectual Property May 4, 2000
Pharmanex Inc. v. HPF LLC
Order
Intellectual Property May 2, 2000
Electro Optical Industries, Inc. v. White
Court may preliminarily enjoin former employee from working for competitor if the employment will inevitably lead to disclosure of trade secrets.
Intellectual Property Apr. 12, 2000
Wal-Mart Stores Inc. v. Samara Brothers Inc.
Unregistered trade dress is protectible only upon showing of product design's secondary meaning.
Intellectual Property Apr. 5, 2000
KNB Enterprises v. Matthews
Human likeness is not copyrightable, even if captured in a copyrighted photograph.
Intellectual Property Mar. 31, 2000
GoTo.com v. Disney
Corporation operating search engine in direct competition with another can't use logo that is 'overwhelmingly similar' to competitor's logo.
Intellectual Property Mar. 30, 2000
Aalmuhammed v. Lee
Script consultant is not co-author if he lacks artistic control of entire film.
Intellectual Property Mar. 30, 2000
Adobe Systems Inc. v. One Stop Micro Inc.
First sale doctrine doesn't remove copyright liability of software reseller who repackages educational software purchased from licensed distributor.
Intellectual Property Mar. 22, 2000
Filipino Yellow Pages, Inc., v. Asian Journal Publications, Inc.
The term 'Filipino Yellow Pages' isn't protectible under trademark law as descriptive mark with secondary meaning.
Intellectual Property Mar. 3, 2000
Leatherman Tool Group Inc. v. Cooper Industries Inc.
Nonpatented product isn't protectable as trade dress when competitor clearly marks own product with distinct name and packaging.
Intellectual Property Mar. 3, 2000
Qualcomm Inc. v. GTE Wireless Inc.
Where forum of first filed action is transferred to present forum, transferee forum should be forum for adjudication.
Intellectual Property Feb. 22, 2000
Condon v. United Feature Syndicate Inc.
Order
Intellectual Property Feb. 16, 2000
Electro Scientific Industries Inc. v. General Scanning Inc.
Attorney-client privilege is waived by 'news release' disclosing substantive component of communications from counsel.
Intellectual Property Feb. 8, 2000
Lee's Aquarium & Pet Products Inc. v. Python Pet Products Inc.
Aquarium cleaning device doesn't infringe on existing patent under the doctrine of equivalents.
Intellectual Property Feb. 7, 2000
Vivus Inc. v. Kercso
Dispute as to material facts precludes summary judgment in action to determine who invented patented device.
Intellectual Property Feb. 7, 2000
Comedy III Productions Inc. v. New Line Cinema
Clip from 'The Three Stooges' film, later used in feature film, is not an enforceable trademark.
Intellectual Property Feb. 4, 2000
Lockheed Martin Corp. v. Network Solutions Inc.
Internet domain name isn't a product for Lanham Trademark Act purposes.
Intellectual Property Dec. 30, 1999
Hunt v. Pasternack
Actual construction of a building isn't required for protection under the Architectual Works Copyright Act.
Intellectual Property Dec. 30, 1999
Electro Optical Industries Inc. v. White
Court may preliminarily enjoin former employee from working for competitor if the employment will inevitably lead to disclosure of trade secrets.
Intellectual Property Dec. 29, 1999
Enterprise Leasing Co. of Phoenix v. Ehmke
Information about internal finances and operating procedure is trade secret that can be protected by nondisclosure clauses in employment contracts.
Intellectual Property Dec. 14, 1999