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Raddavero v. Harry's Hofbrau Catering
Lack of evidence supporting jury verdict for defendant on trade name infringement requires judgment notwithstanding verdict.
Intellectual Property Jul. 11, 1999
Brookfield Communications Inc. v. West Coast Entertainment Corp.
Federal trademark and unfair competition law can bar video rental chain from using trademark of entertainment-based company in its website's domain name.
Intellectual Property Jul. 7, 1999
Astaire v. Best Film & Video Corp.
Videotape manufacturer can use deceased entertainer's movie clips for internal advertising of instructional videotapes.
Intellectual Property Jul. 3, 1999
Robi v. Reed
Founding member of singing group has superior right to use name of group over deceased member who assigned right to someone else.
Intellectual Property Jun. 29, 1999
Urantia Foundation v. Maaherra
Human selection and arrangement of 'divine revelation' material is sufficiently creative for statutory copyright protection.
Intellectual Property Jun. 28, 1999
Entertainment Research Group Inc. v. Genesis Creative Group Inc.
Costume immediately identifiable as embodiment of underlying cartoon character isn't entitled to derivative work copyright protection.
Intellectual Property Jun. 21, 1999
Mallard Creek Industries Inc. v. Morgan
Statute preventing infringement actions when trademark lawfully used before registration doesn't apply to license agreement use.
Intellectual Property Jun. 20, 1999
Levi Strauss & Co. v. Shilon
No actual counterfeit sales doesn't bar Lanham Act claim for offer to sell fake labels.
Intellectual Property Jun. 18, 1999
Practice Management Information Corp. v. The American Medical Assoc.
Copyrighted medical procedure code doesn't become law and enter public domain by federal agency's general adoption.
Intellectual Property Jun. 18, 1999
Wolfard Glassblowing Co. v. Vanbragt
Visual inspection can support contempt finding of prior judgment prohibiting sale of imitations of competitor's goods.
Intellectual Property Jun. 17, 1999
Panavision International LP v. Toeppen
Registering Internet domain name in order to obtain money from trademark owner violates Trademark Dilution Act.
Intellectual Property Jun. 16, 1999
Dreamwerks Production Group Inc. v. SKG Studio
Convention organizer's core functions are sufficiently similar to entertainment company's to permit infringement claim.
Intellectual Property Jun. 16, 1999
Wendt v. Host International Inc.
Actors have rights against unauthorized likeness use in promotional figures based on infringer's copyrighted characters.
Intellectual Property Jun. 15, 1999
Cadence Design Systems Inc. v. Avant! Corp.
Copyright infringement defendant cannot rebut presumption of irreparable harm by showing adequacy of money damages.
Intellectual Property Jun. 15, 1999
Dreamwerks Production Group, Inc. v. SKG Studio,
Convention organizer's core functions are sufficiently similar to entertainment company's to permit infringement claim.
Intellectual Property Jun. 15, 1999
Hunter Douglas Inc. v. Harmonic Design Inc.
Federal patent law pre-empts state law claims regarding patent invalidity.
Intellectual Property Jun. 14, 1999
Peterson v. Highland Music Inc.
Music composer may rescind 30 year old royalty contract for breach of continuing payment obligation.
Intellectual Property Jun. 14, 1999
Shaw v. The Regents of the University of California
Employer cannot revise patent agreement signed by employee in order to reduce the royalty paid.
Intellectual Property Jun. 10, 1999
Stephen W. Boney Inc. v. Boney Services Inc.
'Exceptional circumstances' Lanham Act requirement for attorney fees award applies to either plaintiff or defendant.
Intellectual Property Jun. 9, 1999
Lights of America Inc. v. U.S. District Court (SK America Inc.)
Only Federal Circuit can consider mandamus petition relating to prejudgment orders in patent infringement action.
Intellectual Property Jun. 6, 1999
Quality King Distributors Inc. v. L'Anza Research International Inc.
First sale doctrine is applicable to imported copies sold without authority of copyright owner.
Intellectual Property Jun. 6, 1999
Cybersell Inc. v. Cybersell Inc.
Alleged infringement of website service mark doesn't provide personal jurisdiction in mark holder's place of business.
Intellectual Property Jun. 3, 1999
Practice Management Information Corp. v. American Medical Assoc.
Copyrighted medical procedure code doesn't become law and enter public domain by federal agency's general adoption.
Intellectual Property May 26, 1999
Practice Management Information Corp. v. The American medical Assoc.
Copyrighted medical procedure code doesn't become law and enter public domain by federal agency's general adoption.
Intellectual Property May 26, 1999
Astaire v. Best Film & Video Corp.
Videotape manufacturer can use decease entertainer's movie clips for internal advertising of instructional videotapes.
Intellectual Property May 20, 1999
Cacique Inc. v. Robert Reiser & Co.
Reasonable royalty can only be recovered in trade secret suits when both actual damages and unjust enrichment can't be proven.
Intellectual Property Apr. 29, 1999
Peterson v. Highland Music Inc.
Music composer may rescind 30 year old royalty contract for breach of continuing payment obligation.
Intellectual Property Apr. 13, 1999
Enesco Corp. v. Price/Costco Inc.
Lanham Act may entitle manufacturer of trademarked product to injunction requiring retailer to disclose repackaging
Intellectual Property Apr. 12, 1999
National Corrective Training Institute v. Nelson
Order
Intellectual Property Apr. 6, 1999
Kendall-Jackson Winery Ltd. v. E. & J. Gallo Winery
Grape leaf design for wine labels isn't a protected trademark.
Intellectual Property Apr. 4, 1999