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Iskenderian v. Iskenderian
Joint ownership of trademark rights is permissible, so long as there is no separation of trademark from business it represents.
Intellectual Property Mar. 28, 2007
eBay Inc. v. MercExchange LLC
Four-factor test applied by courts of equity when deciding to grant injunctive relief applied to dispute arising under Patent Act.
Intellectual Property Jan. 29, 2007
Illinois Tool Works Inc. v. Independent Ink Inc.
Because patent does not necessarily confer market power on patentee, in cases involving tying arrangement, plaintiff must prove defendant has market power.
Intellectual Property Jan. 28, 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 Jan. 26, 2007
CreAgri Inc. v. USANA Health Sciences Inc.
In order to acquire trademark priority, 'use in commerce' must have been lawful.
Intellectual Property Jan. 19, 2007
MedImmune Inc. v. Genentech Inc.
Declaratory judgment action satisfies case-or-controversy requirement even though petitioner did not refuse to make royalty payments under license agreement.
Intellectual Property Jan. 12, 2007
Quiksilver v. Kymsta Corp.
In trademark infringement case, whether tacking applies should be analyzed as question of fact.
Intellectual Property Jan. 11, 2007
People v. Laiwala
Absence of evidence that computer program was trade secret negated element of crime and established accused's factual innocence.
Intellectual Property Dec. 15, 2006
Tillamook Country Smoker Inc. v. Tillamook County Creamery Association
Trademark owner who had knowledge of party's labels and sales for 25 years, is barred by laches from making claims of trademark infringement.
Intellectual Property Dec. 7, 2006
Jasmine Networks Inc. v. Marvell Semiconductor Inc.
Court erred in refusing to consider contents of voicemail when crime-fraud exception to attorney-client privilege applied.
Intellectual Property Dec. 6, 2006
Funky Films v. Time Warner Entertainment Co.
HBO's 'Six Feet Under' did not infringe on copyrighted screenplay that shared basic premise of struggling family-run funeral home.
Intellectual Property Nov. 8, 2006
Electro Source LLC v. Brandess-Kalt-Aetna Group Inc.
Court's determination that trademark was abandoned is not proper where discontinuance of trademark use is required.
Intellectual Property Nov. 5, 2006
Au-Tomotive Gold Inc. v. Volkswagen of America Inc.
Where producer of accessories has not shown that Volkswagen's and Audi's marks are functional features of products, marks are entitled to trademark protection.
Intellectual Property Nov. 2, 2006
Miller v. Glenn Miller Productions Inc.
Although production company engaged in unauthorized sublicensing, party challenging its actions is barred from filing suit under doctrine of laches.
Intellectual Property Oct. 26, 2006
Laws v. Sony Music Entertainment Inc.
Vocalist's misappropriation claims against recording company were pre-empted by Copyright Act.
Intellectual Property Aug. 8, 2006
Dept. of Parks and Recreation for the State of California v. Bazaar del Mundo Inc.
In trademark infringement case, denial of injunctive relief is proper where plaintiff could not show protectible ownership interest in trademarks.
Intellectual Property Aug. 8, 2006
Wall Data Inc. v. Los Angeles County Sheriff's Dept.
Copyright infringement occurred where number of licenses sheriff department purchased was less than number of computers in which it installed software.
Intellectual Property Jul. 11, 2006
Laboratory Corp. of America Holdings v. Metabolite Laboratories Inc.
Writ of certiorari in patent case is dismissed as improvidently granted.
Intellectual Property Jun. 28, 2006
LGS Architects Inc. v. Concordia Homes of Nevada
Architect was entitled to injunction to enjoin developer from certain potential infringing conduct despite developer's representation that alleged conduct had ceased.
Intellectual Property Apr. 7, 2006
Ajaxo Inc. v. E*Trade Group Inc.
Trial court erred in granting defendants' motion for nonsuit on damages for defendants' misappropriation of plaintiff's trade secrets.
Intellectual Property Mar. 29, 2006
Twentieth Century Fox Film Corp. v. Entertainment Distributing
General Dwight Eisenhower wrote war memoirs as work for hire even though he was not employee of publisher.
Intellectual Property Feb. 14, 2006
Milne v. Stephen Slesinger Inc.
Termination provision of Copyright Term Extension Act of 1998 does not apply to post-1978 agreements.
Intellectual Property Feb. 14, 2006
Altera Corp. v. Clear Logic Inc.
Award of $30 million for infringement of Semiconductor Chip Protection Act is upheld.
Intellectual Property Dec. 11, 2005
Advanced Modular Sputtering Inc. v. Superior Court (Sputtered Films Inc.)
Equipment manufacturer's identification of alleged trade secret was sufficient to allow discovery to commence in misappropriation lawsuit.
Intellectual Property Nov. 29, 2005
M2 Software Inc. v. Madacy Entertainment
In trademark infringement action, district court correctly ruled that no rational trier fact could find likelihood of confusion.
Intellectual Property Nov. 21, 2005
Arizona Cartridge Remanufacturers Association v. Lexmark International Inc.
Manufacturer of print cartridges can legally enforce post-sale restriction under patent law.
Intellectual Property Nov. 21, 2005
Yellow Cab Co. of Sacramento v. Yellow Cab of Elk Grove Inc.
Burden of proof regarding validity and protectability of unregistered mark lies with party seeking trademark protection.
Intellectual Property Nov. 15, 2005
Kourtis v. Cameron
Owners of film concept can bring infringement lawsuit against James Cameron.
Intellectual Property Nov. 15, 2005
KP Permanent Make-Up Inc. v. Lasting Impression I Inc.
Make-up company's non-generic use of words 'micro colors' is protected under trademark law.
Intellectual Property Aug. 23, 2005
American Circuit Breaker Corp. v. Oregon Breakers Inc.
District court properly dismissed trademark infringment and unfair competition claims because 'likelihood of confusion' did not exist.
Intellectual Property Jul. 13, 2005