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Jasmine Networks v. Marvell Semiconductor
Court erred in refusing to consider contents of voicemail when crime-fraud exception to attorney-client privilege applied.
Intellectual Property Oct. 5, 2004
Nissan Motor Co. v. Nissan Computer Corp.
Any commercial use of a famous mark is diluting regardless of whether it is confusing or combined with other identifiers.
Intellectual Property Oct. 5, 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 Sep. 7, 2004
Swirsky v. Carey
Court erred in granting summary judgment in favor of Mariah Carey in copyright infringement suit.
Intellectual Property Sep. 3, 2004
Swirsky v. Carey
Court erred in granting summary judgment in favor of Mariah Carey in copyright infringement suit.
Intellectual Property Aug. 24, 2004
Ellison v. Robertson
Author alleging unlawful sharing of his stories online may sue internet provider for copyright infringement.
Intellectual Property May 11, 2004
Kalantari v. NITV, Inc.
Iranian embargo did not prohibit commercial importation and copyrighting of Iranian movie in United States.
Intellectual Property Mar. 11, 2004
Playboy Enterprises Inc. v. Netscape Communications Corp.
Genuine issues of material fact preclude summary judgment on trademark infringement and dilution claims.
Intellectual Property Mar. 11, 2004
Mattel Inc. v. Walking Mountain Productions
Appellant's depiction of Barbie in his photographs did not amount to trademark infringement because of fair use.
Intellectual Property Feb. 17, 2004
UMG Recordings Inc. v. Sinnott
Flea market owner that permitted vendors to sell pirated music is liable for copyright infringement.
Intellectual Property Feb. 13, 2004
Lamps Plus Inc. v. Seattle Lighting Fixture Co.
Lamp design that incorporated unacknowledged preexisting components led to invalid copyright.
Intellectual Property Nov. 18, 2003
Newton v. Diamond
Composer fails to demonstrate that rap group Beastie Boys' use of his composition was substantial enough for copyright infringement.
Intellectual Property Nov. 12, 2003
Talking Rain Beverage Co. Inc. v. South Beach Beverage Co.
Because bottle's design is functional, trademark is invalid.
Intellectual Property Nov. 12, 2003
Elvis Presley Enterprises Inc. v. Passport Video
Video biography of Elvis Presley did not make 'fair use' of copyrighted materials.
Intellectual Property Nov. 6, 2003
Sargent Fletcher Inc. Able Corp.
Aerospace manufacturer has burden of proof showing that subcontractor improperly used its trade secret.
Intellectual Property Oct. 28, 2003
Horphag Research Ltd. v. Pellegrini
Defendant who repeatedly used trademark on Website is liable for infringement.
Intellectual Property Oct. 15, 2003
Scholastic Entertainment Inc. v. Fox Entertainment Group Inc.
Dispute over ownership of copyright that presents question of contract law is governed by state law; federal subject matter jurisdiction is lacking.
Intellectual Property Oct. 14, 2003
DVD Copy Control Assn. Inc. v. Bunner
Trial court may issue preliminary injunction prohibiting Web site operator from disclosing trade secrets.
Intellectual Property Oct. 13, 2003
Kelly v. Arriba Soft Corp.
Defendant's creation and use of 'thumbnails' of plaintiff's photographs in its Internet search engine are fair use.
Intellectual Property Oct. 10, 2003
Los Angeles News Service v. Reuters Television International Limited
News organization may not recover actual damages under Copyright Act for acts of infringement that mostly occur outside United States.
Intellectual Property Oct. 9, 2003
Cadence Design Systems Inc. v. Avant! Corporation
Initial action alleging trade secret misappropriation precludes subsequent claims of improper use because first suit includes 'continuing misappropriation.'
Intellectual Property Oct. 1, 2003
Rice v. Fox Broadcasting Co.
False advertising that does not influence potential consumers' purchasing decisions, means deception is immaterial and therefore not actionable under the Lanham Act.
Intellectual Property Jul. 22, 2003
Silvers v. Sony Pictures Entertainment Inc.
Accrued cause of action for copyright infringement may be assigned to third party.
Intellectual Property Jul. 22, 2003
Yellow Cab Co. of Sacramento v. Yellow Cab Co. of Elk Grove
Plaintiff's trademark infringement suit fails because term 'yellow cab' is generic.
Intellectual Property Jul. 7, 2003
Dastar Corp. v. Twentieth Century Fox Film Corp.
Lanham Act does not prohibit unaccredited copying of uncopyrighted work.
Intellectual Property Jun. 10, 2003
Warren v. Fox Family Worldwide Inc.
Plaintiff has no standing to sue for copyright infringement because plaintiff's musical compositions were created as works for hire.
Intellectual Property May 20, 2003
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 Apr. 30, 2003
Satava v. Lowry
Glass jellyfish sculptures lack originality needed to merit copyright protection.
Intellectual Property Apr. 1, 2003
Ets-Hokin v. Skyy Spirits Inc.
Allegedly infringing photographs are not virtually identical as required by defensive doctrines of merger and scenes a faire.
Intellectual Property Mar. 26, 2003
Brother Records Inc. v. Jardine
Former band member infringed trademark by touring with new band under modified version of old band name.
Intellectual Property Mar. 24, 2003