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Name Category Published
Talking Rain Beverage Co. Inc. v. South Beach Beverage Co.
Because bottle's design is functional, trademark is invalid. 		Intellectual Property Nov. 12, 2003
Elvis Presley Enterprises Inc. v. Passport Video
Video biography of Elvis Presley did not make 'fair use' of copyrighted materials. 		Intellectual Property Nov. 6, 2003
Sargent Fletcher Inc. Able Corp.
Aerospace manufacturer has burden of proof showing that subcontractor improperly used its trade secret. 		Intellectual Property Oct. 28, 2003
Horphag Research Ltd. v. Pellegrini
Defendant who repeatedly used trademark on Website is liable for infringement. 		Intellectual Property Oct. 15, 2003
Scholastic Entertainment Inc. v. Fox Entertainment Group Inc.
Dispute over ownership of copyright that presents question of contract law is governed by state law; federal subject matter jurisdiction is lacking. 		Intellectual Property Oct. 14, 2003
DVD Copy Control Assn. Inc. v. Bunner
Trial court may issue preliminary injunction prohibiting Web site operator from disclosing trade secrets. 		Intellectual Property Oct. 13, 2003
Kelly v. Arriba Soft Corp.
Defendant's creation and use of 'thumbnails' of plaintiff's photographs in its Internet search engine are fair use. 		Intellectual Property Oct. 10, 2003
Los Angeles News Service v. Reuters Television International Limited
News organization may not recover actual damages under Copyright Act for acts of infringement that mostly occur outside United States. 		Intellectual Property Oct. 9, 2003
Cadence Design Systems Inc. v. Avant! Corporation
Initial action alleging trade secret misappropriation precludes subsequent claims of improper use because first suit includes 'continuing misappropriation.' 		Intellectual Property Oct. 1, 2003
Rice v. Fox Broadcasting Co.
False advertising that does not influence potential consumers' purchasing decisions, means deception is immaterial and therefore not actionable under the Lanham Act. 		Intellectual Property Jul. 22, 2003
Silvers v. Sony Pictures Entertainment Inc.
Accrued cause of action for copyright infringement may be assigned to third party. 		Intellectual Property Jul. 22, 2003
Yellow Cab Co. of Sacramento v. Yellow Cab Co. of Elk Grove
Plaintiff's trademark infringement suit fails because term 'yellow cab' is generic. 		Intellectual Property Jul. 7, 2003
Dastar Corp. v. Twentieth Century Fox Film Corp.
Lanham Act does not prohibit unaccredited copying of uncopyrighted work. 		Intellectual Property Jun. 10, 2003
Warren v. Fox Family Worldwide Inc.
Plaintiff has no standing to sue for copyright infringement because plaintiff's musical compositions were created as works for hire. 		Intellectual Property May 20, 2003
KP Permanent Make-Up, Inc. v Lasting Impression I, Inc.
In trademark action between make-up manufacturers, court erred in finding that term 'micro colors' was generic and descriptive. 		Intellectual Property Apr. 30, 2003
Satava v. Lowry
Glass jellyfish sculptures lack originality needed to merit copyright protection. 		Intellectual Property Apr. 1, 2003
Ets-Hokin v. Skyy Spirits Inc.
Allegedly infringing photographs are not virtually identical as required by defensive doctrines of merger and scenes a faire. 		Intellectual Property Mar. 26, 2003
Brother Records Inc. v. Jardine
Former band member infringed trademark by touring with new band under modified version of old band name. 		Intellectual Property Mar. 24, 2003
Moseley v. Secret Catalogue Inc.
Claim for trademark dilution requires proof of actual harm to mark's distinctive quality. 		Intellectual Property Mar. 11, 2003
Eldred v. Ashcroft
Copyright Term Extension Act does not exceed Congress' power under the copyright clause. 		Intellectual Property Jan. 22, 2003
Los Angeles News Service v. CBS Broadcasting Inc.
Court TV's use of clips from copyrighted video 'Beating of Reginald Denny' is protected fair use. 		Intellectual Property Nov. 12, 2002
Schlage Lock Co. v. Whyte
Doctrine of inevitable disclosure is contrary to California law and policy because it creates after-fact covenant not to compete, restricting employee mobility. 		Intellectual Property Nov. 10, 2002
Interstellar Starship Services Limited v. Tchou
Court's decision to allow owner of infringing domain name to retain ownership interest in the name was proper. 		Intellectual Property Nov. 10, 2002
Sally Beauty Co. Inc. v. Beautyco Inc.
Plaintiffs established genuine issue of material fact of likelihood of confusion between two hair care products. 		Intellectual Property Nov. 6, 2002
Tie Tech Inc. v. Kinedyne Corp.
Summary judgment is proper against trademark holder because product design of device is not fanciful, but instead wholly functional. 		Intellectual Property Oct. 10, 2002
Mackie v. Rieser
Artist cannot recover damages when he fails to show copyright infringement caused indirect profits. 		Intellectual Property Oct. 10, 2002
Cavalier v. Random House Inc.
Alleged copyrighted literary works fail 'substantially similar' analysis while artwork infringement claims presents triable issues of fact. 		Intellectual Property Sep. 26, 2002
Metcalf v. Bocho
'Common patterns' found throughout storylines may warrant a finding of substantial similarity under the Copyright Act. 		Intellectual Property Sep. 10, 2002
Thane International Inc. v. Trek Bicycle Corp.
Court erred in granting summary judgment in trademark case where reasonable jury could decide likelihood of confusion issue in favor of either party. 		Intellectual Property Sep. 8, 2002
Mattel Inc. v. MCA Records Inc.
Song titled 'Barbie Girl' has artistic relevance and is not misleading, thus RCA did not infringe on Mattel's trademark. 		Intellectual Property Jul. 29, 2002
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