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Sybersound Records Inc. v. UAV Corp.
Party who lacked standing to bring copyright infringement suit under Copyright Act cannot bring claim under Lanham Act.
Intellectual Property Feb. 28, 2008
CytoDyn Inc. v. Amerimmune Pharmaceuticals Inc.
Statutory award of attorney fees under Uniform Trade Secrets Act is improper in action for alleged misappropriation of patents and trademarks.
Intellectual Property Feb. 21, 2008
Jada Toys Inc. v. Mattel Inc.
In trademark infringement case, district court errs by only considering one ‘Sleekcraft’ factor in its likelihood of confusion analysis.
Intellectual Property Feb. 21, 2008
Leadsinger Inc. v. BMG Music Publishing
Mechanical license acquired under Copyright Act will not authorize karaoke company’s utilization of copyrighted materials because its device is audiovisual work, not phonorecord.
Intellectual Property Jan. 3, 2008
Applied Information Sciences Corp. v. eBay Inc.
eBay is entitled to summary judgment where 'SmartSearch' owner shows protectable interest in trademark but produces no admissible evidence of confusion.
Intellectual Property Dec. 31, 2007
K&N Engineering Inc. v. Bulat
Election of statutory damages under 15 U.S.C. Section 1117(c) for trademark counterfeiting claim precludes award of attorney fees under Section 1117(b).
Intellectual Property Dec. 19, 2007
Perfect 10 Inc. v. Amazon.com Inc.
Google thumbnails do not infringe Perfect 10's exclusive rights to copyrighted photographs of nude models.
Intellectual Property Dec. 4, 2007
Perfumebay.com Inc. v. eBay Inc.
Court properly enjoins internet based company from using infringing marks where likelihood of consumer confusion exists.
Intellectual Property Nov. 5, 2007
Rhoades v. Avon Products Inc.
Case is improperly dismissed where plaintiff's claim that beauty product company threatened trademark infringement suit alleges true case or controversy.
Intellectual Property Oct. 15, 2007
Freecycle Network Inc. v. Oey
Statements encouraging use of 'freecycle' to keep term in public domain does not constitute contributory trademark infringement or disparagement under Lanham Act.
Intellectual Property Sep. 26, 2007
Yield Dynamics v. TEA Systems Corp.
Plaintiff who fails to establish elements showing misappropriation of trade secret blames adverse judgment on court's misconception of governing law.
Intellectual Property Sep. 24, 2007
DirecTV Inc. v. Huynh
Court properly declines to grant default judgment for satellite television provider in piracy case where complaints fail to allege modification of electronic device.
Intellectual Property Sep. 11, 2007
Zila Inc. v. Tinnell
Inventor of 1992 patent improvement must be determined where royalty payments contained in 1980 agreement are disputed.
Intellectual Property Sep. 5, 2007
Yield Dynamics Inc. v. TEA Systems Corp.
Plaintiff who fails to establish elements showing misappropriation of trade secret blames adverse judgment on court's misconception of governing law.
Intellectual Property Aug. 27, 2007
Grocery Outlet Inc. v. Albertson's Inc.
District court properly concludes Albertson's was legal owner of 'LUCKY' mark for retail grocery products and services in dispute against grocery competitor.
Intellectual Property Aug. 9, 2007
Jada Toys Inc. v. Mattel Inc.
In trademark infringement case, district court errs by only considering one ‘Sleekcraft’ factor in its likelihood of confusion analysis.
Intellectual Property Aug. 2, 2007
Magic Kitchen LLC v. Good Things International LTD.
Trade dress infringement claim is time-barred by laches where company waited 10 years to file suit, without justification, and caused significant prejudice.
Intellectual Property Jul. 31, 2007
Perfect 10 Inc. v. Visa International Service Association
Magazine’s contributory copyright infringement claim against payment processors is properly dismissed where there was no material contribution or inducement to actual infringement.
Intellectual Property Jul. 11, 2007
Hansen Beverage Co. v. National Beverage Corp.
District court improperly issues preliminary injunction to restrain marketing and sale of energy drinks in dispute over similarity between energy drink trade dresses.
Intellectual Property Jul. 1, 2007
Perfect 10 Inc. v. CCBill LLC
In copyright suit brought by magazine publisher, it must be determined whether defendants reasonably implemented repeat infringer policy.
Intellectual Property Jun. 4, 2007
Perfect 10 Inc. v. CCBill LLC
In copyright suit brought by magazine publisher, it must be determined whether defendants reasonably implemented repeat infringer policy.
Intellectual Property Jun. 4, 2007
Abercrombie & Fitch Co. v. Moose Creek Inc.
District court's denial of Abercrombie & Fitch's motion to preliminarily enjoin competitor's use of newly designed 'Moose' marks, is vacated and remanded.
Intellectual Property May 23, 2007
Perfect 10 Inc. v. Amazon.com Inc.
Google thumbnails do not infringe Perfect 10's exclusive rights to copyrighted photographs of nude models.
Intellectual Property May 16, 2007
Kahle v. Gonzales
'Eldred v. Ashcroft' effectively addresses constitutional challenges to copyright extensions granted under Copyright Term Extension Act and Copyright Renewal Act.
Intellectual Property May 14, 2007
Microsoft Corp. v. AT&T Corp.
Master copy of computer software sent to foreign manufacturer for installation on computers made and sold abroad does not constitute patent infringement.
Intellectual Property May 3, 2007
KSR International v. Teleflex Inc.
Federal Circuit errs in analyzing patent infringement claim in a narrow and rigid manner inconsistent with the Patent Act.
Intellectual Property May 3, 2007
Jarvis v. K2 Inc.
Sporting goods manufacturer who altered and modified photographer's images for collage advertisements is not protected by collective works privilege.
Intellectual Property May 3, 2007
Rudolph International Inc. v. Realys Inc.
Nail file manufacturer's marketing term, 'disinfectable,' cannot enjoy trademark protection.
Intellectual Property Apr. 20, 2007
Perfect 10 Inc. v. CCBill
In copyright suit brought by magazine publisher, it must be determined whether defendants reasonably implemented repeat infringer policy.
Intellectual Property Apr. 5, 2007
Horphag Research v. Garcia
Website's use of trademarked mark as generic term to refer to both trademarked products and rival products constitutes trademark dilution.
Intellectual Property Mar. 29, 2007