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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
Surfvivor Media Inc. v. Survivor Productions
Reality show producers did not commit trademark infringement by creating mark similar to plaintiff's.
Intellectual Property Jul. 13, 2005
Metro-Goldwyn-Mayer Studios Inc. v. Grokster
Company that distributes free software to promote copyright infringement is liable for resulting acts of infringement by third parties,
Intellectual Property Jul. 5, 2005
Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd.
Distributors of peer-to-peer file-sharing computer networking software are not liable for copyright infringements by users.
Intellectual Property Jul. 1, 2005
Bosley Medical Institute Inc. v. Kremer
Defendant must have bad faith intent to profit to be liable for cybersquatting.
Intellectual Property Jun. 20, 2005
Silvers v. Sony Pictures Entertainment Inc.
Assignee to infringement claim with no interest in copyright itself may not institute action for infringement.
Intellectual Property Jun. 20, 2005
Watec Co. Ltd. v. Liu
Court cannot award attorney fees based on jury finding that trademark infringement was intentional.
Intellectual Property Jun. 20, 2005
Merck KGAA v. Integra Lifesciences I LTD
Drug maker did not infringe patents by supplying drugs for pre-clinical research.
Intellectual Property Jun. 15, 2005
Grupo Gigante SA De CV v. Dallo & Co. Inc.
Mexican company can protect its trademark if mark achieved secondary meaning and is familiar to substantial percentage of consumers in relevant market.
Intellectual Property Apr. 7, 2005
Rossi v. Motion Picture Association of America Inc.
Motion picture trade association had 'good faith belief' that website was illegally infringing on copyrights.
Intellectual Property Mar. 18, 2005
Superbrace Inc. v. Tidwell
California contract law permits patent licensee to transfer license without consent of licensor.
Intellectual Property Feb. 14, 2005
PlayMakers LLC v. ESPN Inc.
Plaintiff did not demonstrate sufficient likelihood of success on merits to warrant injunction in trademark infringement case.
Intellectual Property Jan. 21, 2005
Laparade v. Ivanova
Production companies enjoy rights as 'authors' of 34 Spanish-language motion pictures under Mexican law.
Intellectual Property Jan. 10, 2005
Newton v. Diamond
Composer fails to demonstrate that rap group Beastie Boys' use of his composition was substantial enough for copyright infringement.
Intellectual Property Jan. 10, 2005
KP Permanent Make-Up Inc. v. Lasting Impression I Inc.
Fair use defense in trademark infringement case does not shift burden of proof to defendant.
Intellectual Property Dec. 15, 2004
KP Permanent Make-Up, Inc. v Lasting Impression I, Inc.
In trademark action between make-up manufacturers, court erred in finding that term 'micro colors' was generic and descriptive.
Intellectual Property Dec. 8, 2004
Creative Computing v. Getloaded.com
Damage floor in Computer Fraud and Abuse Act contains no 'single act' requirement.
Intellectual Property Dec. 5, 2004
Jerry's Famous Deli Inc. v. Papanicolaou
Court will reconsider profits that restaurant owner should disgorge for unlawfully using 'Famous Deli' trademark.
Intellectual Property Nov. 9, 2004
Polar Bear Productions Inc. v. Timex Corp.
Jury's award of damages against watchmaker for unauthorized use of footage from copyrighted film was not supported by sufficient evidence.
Intellectual Property Oct. 25, 2004