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Name Category Published
JustMed Inc. v. Byce
Individual is considered employee under Copyright Act where he was hired for indefinite duration, had numerous tasks, and replaced former employee. 		Intellectual Property Apr. 6, 2010
Reed Elsevier Inc. v. Muchnick
Copyright holder’s failure to register under Copyright Act does not deprive federal court of jurisdiction over infringement claim. 		Intellectual Property Mar. 2, 2010
Jasmine Networks Inc. v. Superior Court (Marvell Semiconductor Inc.)
Company can recover for misappropriation of trade secret even if it no longer owns intellectual property at issue. 		Intellectual Property Dec. 31, 2009
Lahoti v. Vericheck Inc.
Under Lanham Act, trademark is not necessarily distinctive although it does not describe all services provided and could describe services not provided. 		Intellectual Property Nov. 16, 2009
Perlan Therapeutics Inc. v. Superior Court (NexBio Inc.)
Trade secret disclosure statement is insufficient to commence discovery where statement merely concluded that alleged secrets were not general knowledge. 		Intellectual Property Nov. 5, 2009
Art Attacks Ink LLC v MGA Entertainment Inc.
Alleged infringer's access to copyrighted design is not established by proof that design was sold at county fairs and on limited website. 		Intellectual Property Sep. 17, 2009
One Industries LLC v. Jim O'Neal Distributing Inc.
Tacking of multiple marks to treat as one continuing trademark is inappropriate where marks were not indistinguishable. 		Intellectual Property Aug. 26, 2009
Brayton Purcell LLP v. Recordon & Recordon
Venue for copyright infringement lawsuit is proper where plaintiff established that defendant was 'amendable to personal jurisdiction' in forum state. 		Intellectual Property Aug. 6, 2009
Raining Data Corp. v. Barrenechea
Mandatory attorney fee award based on counsel's declarations without detailed time records is proper. 		Intellectual Property Jul. 22, 2009
Marlyn Nutraceuticals, Inc. v. Mucos Pharma GMBH & Co.
District court must find substantial risk of danger to public to order recall of product in trademark infringement case. 		Intellectual Property Jul. 7, 2009
FLIR Systems Inc. v. Parrish
Trial court's finding that company filed trade secrets lawsuit in bad faith against former employees is not error. 		Intellectual Property Jun. 17, 2009
Philip Morris USA Inc. v. King Mountain Tobacco Co. Inc.
Tribal court has no colorable claim to jurisdiction over trademark infringement case brought by nonmember. 		Intellectual Property Jun. 12, 2009
Dream Games of Arizona Inc. v. PC Onsite
Illegal operation of copyrightable work does not deprive work of copyright protection or preclude statutory damages. 		Intellectual Property Apr. 3, 2009
Brescia v. Angelin
Identification of alleged trade secret with 'reasonable particularity' does not require showing that information is not general knowledge in respective field. 		Intellectual Property Mar. 19, 2009
Internet Specialties West Inc. v. Milon-DiGiorgio Enterprises Inc.
Laches defense unavailable to defendant who could not establish prejudice by showing valuable business built using contested trademark during delay. 		Intellectual Property Mar. 18, 2009
K.C. Multimedia Inc. v. Bank of America Technology & Operations Inc.
Uniform Trade Secrets Act preempts alternative civil remedies based on same facts forming basis for alleged trade secret misappropriation claim. 		Intellectual Property Mar. 5, 2009
Societe Civile Succession Richard Guino v. Renoir
Pre-1978 sculptures are protected by copyright where publications occurred in foreign country without notice of United States copyright. 		Intellectual Property Dec. 10, 2008
Halicki Films v. Sanderson Sales and Marketing
District court errs in failing to use extrinsic evidence to interpret contract for film's remake. 		Intellectual Property Nov. 13, 2008
E.S.S. Entertainment 2000 Inc. v. Rock Star Videos Inc.
First Amendment protects videogame manufacturer's modification of strip club trademark. 		Intellectual Property Nov. 5, 2008
Pacific Sunwear of California Inc. v. Olaes Enterprises Inc.
Under UCC, 'rightful' infringement claim is one that has any significant and adverse effect on buyer's ability to make use of purchased goods. 		Intellectual Property Oct. 10, 2008
United States v. Able Time Inc.
Civil penalties may be imposed on importer of counterfeit merchandise even though trademark owner does not make same kind of goods. 		Intellectual Property Sep. 26, 2008
DirecTV Inc. v. Webb
In satellite piracy case, judgment is reversed in part where violation is for modification of device that defendant used himself. 		Intellectual Property Sep. 26, 2008
Asset Marketing Systems Inc. v. Gagnon
Contractor held to grant implied unlimited license where it created work specifically requested and stored source code on licensee's servers. 		Intellectual Property Sep. 10, 2008
Omega S.A. v. Costco Wholesale Corp.
'First sale' doctrine is unavailable defense where items in dispute were manufactured outside United States. 		Intellectual Property Sep. 4, 2008
Plumley v. Mockett
Order denying motion to strike is reversed where plaintiff fails to show defendants lacked probable cause to bring patent action. 		Intellectual Property Jul. 16, 2008
Classic Media Inc. v. Mewborn
Termination of transfer right stands where daughter of Lassie story author grants rights in 1976 and potentially re-assigns identical rights after 1978. 		Intellectual Property Jul. 14, 2008
Fisher Tool Co. Inc v. Gillet Outillage
There is no malicious prosecution where defendants show they consulted with their lawyer in good faith and acted upon advice given. 		Intellectual Property Jul. 2, 2008
Richlin v. Metro-Goldwyn-Mayer Pictures Inc.
Writer's heirs have no interest in copyright to motion picture which he did not coauthor. 		Intellectual Property Jun. 20, 2008
Derek Andrew Inc. v. Poof Apparel Corp.
Plaintiff is precluded from recovering statutory damages for post-registration distributions of garments bearing infringing detail. 		Intellectual Property Jun. 12, 2008
Cypress Semiconductor Corp. v. Superior Court (Silvaco Data Systems)
Statute of limitations accrues on trade secret misappropriation claims against third parties when plaintiff reasonably suspects third party knows about trade secret. 		Intellectual Property Jun. 2, 2008
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