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Name Category Published
Fleischer Studios Inc. v. A.V.E.L.A. Inc.
Plaintiff’s claim for copyright infringement fails when transfer specifically carved out copyright to character, breaking chain of title. 		Intellectual Property Feb. 24, 2011
Lahoti v. Vericheck Inc.
Court properly determines trademark is suggestive on remand, after finding mark did not immediately convey information about nature of services offered by trademark holder. 		Intellectual Property Feb. 17, 2011
Levi Strauss & Co. v. Abercrombie & Fitch Trading Co.
Court errs in using ‘identical or nearly identical’ standard to determine dilution claim following enactment of Trademark Dilution Revision Act. 		Intellectual Property Feb. 9, 2011
United Fabrics International Inc. v. C&J Wear Inc.
Validity of copyright is presumed after copyright registration and court errs in dismissing case for lack of standing absent some evidence rebutting presumption. 		Intellectual Property Jan. 27, 2011
UMG Recordings Inc. v. Augusto
Unsolicited distribution of copyrighted CDs without restrictions on disposal or use does not create licensing agreement, and is subject to first sale doctrine. 		Intellectual Property Jan. 4, 2011
FreecycleSunnyvale v. The Freecycle Network
Nonprofit corporation engages in 'naked licensing' by failing to exercise control over licensee and thus, abandons its trademarks. 		Intellectual Property Nov. 25, 2010
DSPT International Inc. v. Nahum
Defendant may be liable for cybersquatting where he uses trademarked domain name in bad faith for leverage against plaintiff. 		Intellectual Property Oct. 27, 2010
MGA Entertainment Inc. v. Mattel Inc.
Constructive trust transferring Bratz trademark portfolio to Mattel Inc. is improper where defendant's legitimate efforts increased value of Bratz brand. 		Intellectual Property Oct. 21, 2010
Vernor v. Autodesk Inc.
Licensee cannot convey ownership of software to buyer, and buyer cannot in turn sell software, claiming protection under ‘first sale doctrine.’ 		Intellectual Property Sep. 13, 2010
Seller Agency Council Inc. v. Kennedy Center for Real Estate Education Inc.
Finding of unclean hands for conduct taken before alleged trademark infringement action does not bar defendant from asserting equitable defense. 		Intellectual Property Sep. 7, 2010
F.B.T. Productions LLC v. Aftermath Records
Contracts unambiguously state that company is entitled to 50 percent of royalties on sales of Eminem's recordings in form of downloads and mastertones. 		Intellectual Property Sep. 7, 2010
Ajaxo Inc. v. E*Trade Financial Corp.
Unjust enrichment is not provable where jury finds defendant has not made profit from trade secret misappropriation. 		Intellectual Property Aug. 31, 2010
Fortune Dynamic Inc. v. Victoria’s Secret Stores Brand Management Inc.
Summary judgment is improper in trademark infringement case where use of descriptive term created issue of material fact as to fair use. 		Intellectual Property Aug. 20, 2010
Jules Jordan Video Inc. v. 144942 Canada Inc.
Films are not ‘works for hire’ where employee preparing work is sole officer and shareholder of employer company and responsible for all decisions. 		Intellectual Property Aug. 17, 2010
Advertise.com Inc. v. AOL Advertising Inc.
Preliminary injunction is inappropriate where term ADVERTISING.COM is generic because 'dot-com' can refer generally to Internet-based businesses. 		Intellectual Property Aug. 4, 2010
MGA Entertainment Inc. v. Mattel Inc.
Constructive trust transferring Bratz trademark portfolio to Mattel Inc. is improper where defendant's legitimate efforts increased value of Bratz brand. 		Intellectual Property Jul. 23, 2010
Toyota Motor Sales U.S.A. Inc. v. Tabari
Domain names may contain trademark where such use does not create confusion that website is sponsored or endorsed by trademark holder. 		Intellectual Property Jul. 9, 2010
Mindys Cosmetics Inc. v. Dakar
Court denies attorney's anti-SLAPP motion although lawsuit arose from protected act of filing trademark application with U.S. Patent and Trademark Office. 		Intellectual Property Jul. 7, 2010
Bilski v. Kappos
Machine-or-transformation test is not sole test for determining patent eligibility of 'process' under Section 101 of Patent Act. 		Intellectual Property Jun. 29, 2010
Visa International Service Association v. JSL Corp.
Company may not use mark where online use of mark could weaken ability of consumers to associate plaintiff's mark with Visa brand. 		Intellectual Property Jun. 29, 2010
Benay v. Warner Bros. Entertainment Inc.
Copyrighted ‘Last Samurai’ screenplay is not infringed by ‘Last Samurai’ film, despite similarities. 		Intellectual Property Jun. 10, 2010
Montz v. Pilgrim Films & Television Inc.
Federal copyright law preempts state claims where plaintiffs’ asserted state rights are equivalent to rights of copyright owners. 		Intellectual Property Jun. 4, 2010
Brayton Purcell LLP v. Recordon & Recordon
Venue is proper where defendant infringed copyright using website targeting prospective clients in jurisdiction where plaintiff’s business operates. 		Intellectual Property Jun. 1, 2010
Silvaco Data Systems v. Intel Corp.
Purchaser of misappropriated source code is not liable for misappropriation of trade secrets by executing machine-readable code translated from source code. 		Intellectual Property May 28, 2010
Cosmetic Ideas Inc. v. IAC/InteractiveCorp
Plaintiff complies with registration requirement by submitting completed application to Copyright Office prior to filing infringement suit. 		Intellectual Property May 26, 2010
Au-Tomotive Gold Inc. v. Volkswagen of America Inc.
Company is liable for trademark infringement where it sells purchased item with trademark symbol, creating post-purchase confusion as to item’s origin. 		Intellectual Property May 7, 2010
Franklin Mint Co. v. Manatt, Phelps & Phillips LLP
Estate and Fund associated with Princess Diana lacked probable cause to prosecute trademark dilution claim against company selling merchandise with her likeness. 		Intellectual Property May 5, 2010
Silvaco Data Systems v. Intel Corp.
Purchaser of misappropriated source code is not liable for misappropriation of trade secrets by executing machine-readable code translated from source code. 		Intellectual Property Apr. 30, 2010
Zobmondo Entertainment LLC v. Falls Media LLC
Summary judgment is improper where genuine issue of material fact exists as to whether board game trademark is invalid as descriptive mark. 		Intellectual Property Apr. 27, 2010
CRS Recovery Inc. v. Laxton
California law applies to diversity case involving dispute over ownership of Internet domain name where California defendant's tortious conduct occurred in California. 		Intellectual Property Apr. 7, 2010
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