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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
CDN Inc. v. Kapes
List of wholesale prices of collectible coins is copyrightable subject matter.
Intellectual Property Dec. 9, 1999
Avery Dennison Corp. v. Sumpton
Registration of a common surname on principal register doesn't satisfy requirement of 'famousness' under Federal Trademark Dilution Act.
Intellectual Property Dec. 3, 1999
Sun Microsystems Inc. v. Microsoft Corp.
District court must see whether licensing agreement is limited in scope of license or independent before invoking presumption in copyright infringement.
Intellectual Property Dec. 2, 1999
Vickery Design Inc. v. Aspen Bay Company
Order
Intellectual Property Nov. 22, 1999
Buzas Baseball, Inc. v. The Board of Regents of the University System
Order
Intellectual Property Nov. 4, 1999
Radio Television Espanola S.A. v. New World Entertainment Ltd.
Licensing of copyrighted audiovisual work requires a written contract signed by the copyright owner.
Intellectual Property Oct. 22, 1999
Universe Sales Co. Ltd. v. Silver Castle Ltd.
Expert's declaration regarding the applicability of another country's trademark law may be submitted to defeat a summary judgment motion.
Intellectual Property Sep. 30, 1999
Recording Industry Assoc. of America v. Diamond Multimedia Systems
'Rio' portable music player isn't subject to restrictions of Audio Home Recording Act of 1992, as it isn't a 'digital audio recording device.'
Intellectual Property Sep. 7, 1999
Hunt v. Pasternack
Actual construction of a building isn't required for protection under the Architectural Works Copyright Act.
Intellectual Property Sep. 3, 1999
Rolex Watch, U.S.A. Inc. v. Michael Co.
Unauthorized sale of reconditioned used product with generic replacement parts and manufacturer's original trademark, constitutes trademark counterfeiting.
Intellectual Property Sep. 3, 1999
Maktab Tarighe Oveyssi Shah Maghsoudi Inc. v. Kianfar
Federal court can decide dispute over intellectual property rights of a religious order without violating First Amendment.
Intellectual Property Sep. 3, 1999
Dr. Seuss Enterprises L.P. v. Penguin Books USA Inc.
Publisher is preliminarily enjoined from using Cat-in-the-Hat to mimic O.J. Simpson trial in 'parody' book.
Intellectual Property Jul. 30, 1999
Los Angeles News Service v. KCAL-TV Channel 9
News telecasts of Denny beating after Rodney King verdict aren't exempt from fair use liability.
Intellectual Property Jul. 26, 1999
Westinghouse Electric Corp. v. General Circuit Breaker & Electric Supply Inc.
In trademark infringement action, equitable defenses don't require proof plaintiff knew about defendant's alleged counterfeiting.
Intellectual Property Jul. 19, 1999
Warner-Jenkins v. Hilton Davis Chemical Co.
'Doctrine of equivalents' continues to exist for purposes of determining patent infringement.
Intellectual Property Jul. 16, 1999