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Jada Toys Inc. v. Mattel Inc.
In trademark infringement case, district court errs by only considering one ‘Sleekcraft’ factor in its likelihood of confusion analysis.
Intellectual Property Aug. 2, 2007
Magic Kitchen LLC v. Good Things International LTD.
Trade dress infringement claim is time-barred by laches where company waited 10 years to file suit, without justification, and caused significant prejudice.
Intellectual Property Jul. 31, 2007
Perfect 10 Inc. v. Visa International Service Association
Magazine’s contributory copyright infringement claim against payment processors is properly dismissed where there was no material contribution or inducement to actual infringement.
Intellectual Property Jul. 11, 2007
Hansen Beverage Co. v. National Beverage Corp.
District court improperly issues preliminary injunction to restrain marketing and sale of energy drinks in dispute over similarity between energy drink trade dresses.
Intellectual Property Jul. 1, 2007
Perfect 10 Inc. v. CCBill LLC
In copyright suit brought by magazine publisher, it must be determined whether defendants reasonably implemented repeat infringer policy.
Intellectual Property Jun. 4, 2007
Perfect 10 Inc. v. CCBill LLC
In copyright suit brought by magazine publisher, it must be determined whether defendants reasonably implemented repeat infringer policy.
Intellectual Property Jun. 4, 2007
Abercrombie & Fitch Co. v. Moose Creek Inc.
District court's denial of Abercrombie & Fitch's motion to preliminarily enjoin competitor's use of newly designed 'Moose' marks, is vacated and remanded.
Intellectual Property May 23, 2007
Perfect 10 Inc. v. Amazon.com Inc.
Google thumbnails do not infringe Perfect 10's exclusive rights to copyrighted photographs of nude models.
Intellectual Property May 16, 2007
Kahle v. Gonzales
'Eldred v. Ashcroft' effectively addresses constitutional challenges to copyright extensions granted under Copyright Term Extension Act and Copyright Renewal Act.
Intellectual Property May 14, 2007
Microsoft Corp. v. AT&T Corp.
Master copy of computer software sent to foreign manufacturer for installation on computers made and sold abroad does not constitute patent infringement.
Intellectual Property May 3, 2007
KSR International v. Teleflex Inc.
Federal Circuit errs in analyzing patent infringement claim in a narrow and rigid manner inconsistent with the Patent Act.
Intellectual Property May 3, 2007
Jarvis v. K2 Inc.
Sporting goods manufacturer who altered and modified photographer's images for collage advertisements is not protected by collective works privilege.
Intellectual Property May 3, 2007
Rudolph International Inc. v. Realys Inc.
Nail file manufacturer's marketing term, 'disinfectable,' cannot enjoy trademark protection.
Intellectual Property Apr. 20, 2007
Perfect 10 Inc. v. CCBill
In copyright suit brought by magazine publisher, it must be determined whether defendants reasonably implemented repeat infringer policy.
Intellectual Property Apr. 5, 2007
Horphag Research v. Garcia
Website's use of trademarked mark as generic term to refer to both trademarked products and rival products constitutes trademark dilution.
Intellectual Property Mar. 29, 2007
Iskenderian v. Iskenderian
Joint ownership of trademark rights is permissible, so long as there is no separation of trademark from business it represents.
Intellectual Property Mar. 28, 2007
eBay Inc. v. MercExchange LLC
Four-factor test applied by courts of equity when deciding to grant injunctive relief applied to dispute arising under Patent Act.
Intellectual Property Jan. 29, 2007
Illinois Tool Works Inc. v. Independent Ink Inc.
Because patent does not necessarily confer market power on patentee, in cases involving tying arrangement, plaintiff must prove defendant has market power.
Intellectual Property Jan. 28, 2007
Kahle v. Gonzales
'Eldred v. Ashcroft' effectively addresses constitutional challenges to copyright extensions granted under Copyright Term Extension Act and Copyright Renewal Act.
Intellectual Property Jan. 26, 2007
CreAgri Inc. v. USANA Health Sciences Inc.
In order to acquire trademark priority, 'use in commerce' must have been lawful.
Intellectual Property Jan. 19, 2007
MedImmune Inc. v. Genentech Inc.
Declaratory judgment action satisfies case-or-controversy requirement even though petitioner did not refuse to make royalty payments under license agreement.
Intellectual Property Jan. 12, 2007
Quiksilver v. Kymsta Corp.
In trademark infringement case, whether tacking applies should be analyzed as question of fact.
Intellectual Property Jan. 11, 2007
People v. Laiwala
Absence of evidence that computer program was trade secret negated element of crime and established accused's factual innocence.
Intellectual Property Dec. 15, 2006
Tillamook Country Smoker Inc. v. Tillamook County Creamery Association
Trademark owner who had knowledge of party's labels and sales for 25 years, is barred by laches from making claims of trademark infringement.
Intellectual Property Dec. 7, 2006
Jasmine Networks Inc. v. Marvell Semiconductor Inc.
Court erred in refusing to consider contents of voicemail when crime-fraud exception to attorney-client privilege applied.
Intellectual Property Dec. 6, 2006
Funky Films v. Time Warner Entertainment Co.
HBO's 'Six Feet Under' did not infringe on copyrighted screenplay that shared basic premise of struggling family-run funeral home.
Intellectual Property Nov. 8, 2006
Electro Source LLC v. Brandess-Kalt-Aetna Group Inc.
Court's determination that trademark was abandoned is not proper where discontinuance of trademark use is required.
Intellectual Property Nov. 5, 2006
Au-Tomotive Gold Inc. v. Volkswagen of America Inc.
Where producer of accessories has not shown that Volkswagen's and Audi's marks are functional features of products, marks are entitled to trademark protection.
Intellectual Property Nov. 2, 2006
Miller v. Glenn Miller Productions Inc.
Although production company engaged in unauthorized sublicensing, party challenging its actions is barred from filing suit under doctrine of laches.
Intellectual Property Oct. 26, 2006
Laws v. Sony Music Entertainment Inc.
Vocalist's misappropriation claims against recording company were pre-empted by Copyright Act.
Intellectual Property Aug. 8, 2006