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Barcamerica International USA Trust v. Tyfield Importers Inc.
Company that did not exert any quality-control measures engaged in naked licensing and forfeited its rights in mark.
Intellectual Property Jul. 2, 2002
Holmes Group Inc. v. Vornado Air Circulation Systems Inc.
Federal court lacks jurisdiction to hear case that asserts only a counterclaim for patent infringement.
Intellectual Property Jun. 12, 2002
Karl-Storz Endoscopy-America Inc. v. Surgical Technologies Inc.
Solicitation method, repair and refurbishment of technical surgical instruments may have violated Lanham Act.
Intellectual Property Jun. 4, 2002
Syntek Semiconductor Co. Ltd. v. Microchip Technology Inc.
Copyright dispute over validity of registration is referred to Register of Copyrights under doctrine of primary jurisdiction.
Intellectual Property Jun. 4, 2002
Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co.,Ltd.
Prosecution history estoppel may apply to any claim amendment used to satisfy requirements of Patent Act.
Intellectual Property Jun. 3, 2002
Jacobsen v. Deseret Book Co.
Author's claim for copyright infringement may proceed.
Intellectual Property Apr. 30, 2002
Japan Telecom Inc. v. Japan Telecom America Inc.
Lack of actual confusion precludes trademark protection for descriptive mark.
Intellectual Property Apr. 29, 2002
Cohn v. Petsmart Inc.
Because there is no likelihood of confusion between two marks, grant of summary judgment on trademark infringement claim is proper.
Intellectual Property Apr. 15, 2002
Gardner v. Nike Inc.
Exclusive licenses are only assignable with the consent of licensor.
Intellectual Property Apr. 5, 2002
Playboy Enterprises Inc. v. Welles
Former Playmate of the Year did not infringe Playboy's trademark on her Website.
Intellectual Property Apr. 5, 2002
Kelly v. Arriba Soft Corp.
Although search engine's 'thumbnails' constitutes fair use, displays of larger images is unauthorized reproduction under Copyright Act.
Intellectual Property Apr. 3, 2002
A&M Records Inc. v. Napster
Modified preliminary injunction ordering removal of user files from Napster's music index withstands vagueness challenge
Intellectual Property Apr. 1, 2002
Entrepreneur Media Inc. v. Smith
Despite registered trademark status of magazine 'Entrepreneur,' exclusive appropriation of the term is not permitted for other mediums.
Intellectual Property Feb. 19, 2002
Sports Unlimited Inc. v. Lankford Enterprises Inc.
Failure to establish act as 'advertising' within the industry precludes claim under Lanham Act.
Intellectual Property Jan. 9, 2002
El-Com Hardware Inc. v. Fireman's Fund Insurance Co.
Insurer breached duty to defend where it had sufficient facts, including extrinsic evidence, of advertising injury at time of tender of defense.
Intellectual Property Jan. 7, 2002
JEM AG Supply Inc. v. Pioneer Hi-Bred International Inc.
Utility patent law protects newly developed plant breeds.
Intellectual Property Dec. 18, 2001
Vittoria North America LLC v. Euro-Asia Imports Inc.
Defendant may have violated trademark law by importing goods manufactured overseas without consent of owner.
Intellectual Property Dec. 17, 2001
Food Consulting Group Inc. v. Musil Govan Azzalino
In accordance with California contract law, non-exclusive copyright license was properly granted by implication and did not exceed scope.
Intellectual Property Dec. 13, 2001
Yeti By Molly Ltd. v. Deckers Outdoor Corp.
Sufficient evidence supported jury verdict that clothing company violated trade secret for footwear.
Intellectual Property Oct. 9, 2001
Columbia Pictures Industries Inc. v. Krypton Broadcasting of Birmingham Inc.
Owner of television stations violated copyright law by airing programs after filing to make timely licensing payments.
Intellectual Property Oct. 8, 2001
Cusano v. Klein
Former guitarist for rock bank may sue for royalties despite bankruptcy filing.
Intellectual Property Sep. 16, 2001
Estate of Bishop v. Equinox International Corp.
Attorney-fee award is sufficient remedy where trademark holder did not suffer actual damages from infringing use.
Intellectual Property Sep. 9, 2001
Moldo v. Matsco Inc. (In re Cybernetic Services Inc.)
Company with security interest in patent may assert interest in bankruptcy proceeding despite failing to record patent with federal office.
Intellectual Property Jul. 25, 2001
Clicks Billiards Inc. v. Sixshooters Inc.
Summary judgment is improper when pool hall presents sufficient evidence to create triable issue of material fact on trade dress infringement claim.
Intellectual Property Jul. 24, 2001
New York Times Co. Inc. v. Tasini
Print publishers violate copyright law by distributing freelance articles to electronic publishers without permission.
Intellectual Property Jul. 2, 2001
Far Out Productions Inc. v. Oskar
Trademark not obtained fraudulently where parties signed new contracts transferring interest in band's name.
Intellectual Property Jun. 28, 2001
Allen Chance v. Pac-Tel Teletrac Inc.
First use of service mark can be determined by the totality of user's acts prior to first sale.
Intellectual Property May 9, 2001
A&M Records v. Napster Inc.
Napster is liable for vicarious copyright infringement for failure to police illegal uses of material by visitors to its Web site.
Intellectual Property May 6, 2001
Traffix Devices Inc. v. Marketing Displays Inc.
Traffic sign feature that prevents it from falling during heavy wind is functional and is not entitled to trade dress protection.
Intellectual Property Apr. 3, 2001
Traffix Devices Inc. v. Marketing Displays Inc.
Federal trade dress protection extends to product configuration covered by an expired utility patent.
Intellectual Property Mar. 22, 2001