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Kassbaum v. Steppenwolf Productions Inc.
Musician is not barred by contract or statute from truthfully referring to himself, in promotional materials, as former member of Steppenwolf.
Intellectual Property Mar. 2, 2001
People v. Hsieh
Prosecution fails to produce sufficient evidence of secrecy and value of information to support defendant's conviction of trade-secret theft.
Intellectual Property Feb. 28, 2001
Cook v. Robbins
Defendant bears burden of proving there is no causal link between copyright infringement and direct profits.
Intellectual Property Feb. 1, 2001
Leicester v. Warner Brothers
Movie studio did not infringe copyright by filming towers that were part of architectural work.
Intellectual Property Feb. 1, 2001
L'Anza Research International Inc. v. Quality King Distributors Inc.
First sale doctrine doesn't bar claim involving exportation and later importation of copyrighted goods.
Intellectual Property Jan. 12, 2001
Columbia Pictures Television v. Krypton Broadcasting of Birmingham Inc.
Separate damages awards are justified for distinct infringements by each TV episode shown on different stations.
Intellectual Property Jan. 12, 2001
Creative Gifts v. UFO, Michael Sherlock
Court properly concludes that the term "Levitron" is not generic and thus may be enforced as a trademark.
Intellectual Property Jan. 12, 2001
Worldwide Church of God v. Philadelphia Church of God
Copyright infringement of church's creative religious work by another church is not protected by 'fair use' doctrine.
Intellectual Property Sep. 22, 2000
Kling v. Hallmark Cards Inc.
Issue of material fact exists as to whether widow of writer for 'Rainbow Brite' cartoon script has cognizable claim of copyright infringement.
Intellectual Property Sep. 13, 2000
Abkco Music Inc. v. LaVere
1997 amendment to Copyright Act applies retroactively to pending cases.
Intellectual Property Aug. 31, 2000
ETS-Hokin v. Spirits Inc.
Commercial photographs of vodka bottle are original works of authorship entitled to copyright protection.
Intellectual Property Aug. 29, 2000
Sony Computer Entertainment America Inc. v. Bleem LLC
Unauthorized use of accurate still image from animated video game for comparative advertising constitutes fair use under Copyright Act.
Intellectual Property Aug. 24, 2000
National Assn. of Professional Baseball Leagues Inc. v. Very Minor Leagues Inc.
Under Lanham act, prevailing defendant may only receive attorney fees if plaintiffs purpose in bringing suit was to harass or if suit was unfounded.
Intellectual Property Aug. 8, 2000
Secular Organizations for Sobriety Inc. v. Ullrich
Self-help organization does not establish secondary meaning in its mark that is sufficient to exclude use of nearly identical mark.
Intellectual Property Aug. 5, 2000
Three Boys Music Corp. v. Michael Bolton
Widespread dissemination of popular copyrighted song creates prima facie case of copyright infringement.
Intellectual Property Aug. 4, 2000
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