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Name Category Published
Moseley v. Secret Catalogue Inc.
Claim for trademark dilution requires proof of actual harm to mark's distinctive quality. 		Intellectual Property Mar. 11, 2003
Eldred v. Ashcroft
Copyright Term Extension Act does not exceed Congress' power under the copyright clause. 		Intellectual Property Jan. 22, 2003
Los Angeles News Service v. CBS Broadcasting Inc.
Court TV's use of clips from copyrighted video 'Beating of Reginald Denny' is protected fair use. 		Intellectual Property Nov. 12, 2002
Schlage Lock Co. v. Whyte
Doctrine of inevitable disclosure is contrary to California law and policy because it creates after-fact covenant not to compete, restricting employee mobility. 		Intellectual Property Nov. 10, 2002
Interstellar Starship Services Limited v. Tchou
Court's decision to allow owner of infringing domain name to retain ownership interest in the name was proper. 		Intellectual Property Nov. 10, 2002
Sally Beauty Co. Inc. v. Beautyco Inc.
Plaintiffs established genuine issue of material fact of likelihood of confusion between two hair care products. 		Intellectual Property Nov. 6, 2002
Tie Tech Inc. v. Kinedyne Corp.
Summary judgment is proper against trademark holder because product design of device is not fanciful, but instead wholly functional. 		Intellectual Property Oct. 10, 2002
Mackie v. Rieser
Artist cannot recover damages when he fails to show copyright infringement caused indirect profits. 		Intellectual Property Oct. 10, 2002
Cavalier v. Random House Inc.
Alleged copyrighted literary works fail 'substantially similar' analysis while artwork infringement claims presents triable issues of fact. 		Intellectual Property Sep. 26, 2002
Metcalf v. Bocho
'Common patterns' found throughout storylines may warrant a finding of substantial similarity under the Copyright Act. 		Intellectual Property Sep. 10, 2002
Thane International Inc. v. Trek Bicycle Corp.
Court erred in granting summary judgment in trademark case where reasonable jury could decide likelihood of confusion issue in favor of either party. 		Intellectual Property Sep. 8, 2002
Mattel Inc. v. MCA Records Inc.
Song titled 'Barbie Girl' has artistic relevance and is not misleading, thus RCA did not infringe on Mattel's trademark. 		Intellectual Property Jul. 29, 2002
Barcamerica International USA Trust v. Tyfield Importers Inc.
Company that did not exert any quality-control measures engaged in naked licensing and forfeited its rights in mark. 		Intellectual Property Jul. 2, 2002
Holmes Group Inc. v. Vornado Air Circulation Systems Inc.
Federal court lacks jurisdiction to hear case that asserts only a counterclaim for patent infringement. 		Intellectual Property Jun. 12, 2002
Karl-Storz Endoscopy-America Inc. v. Surgical Technologies Inc.
Solicitation method, repair and refurbishment of technical surgical instruments may have violated Lanham Act. 		Intellectual Property Jun. 4, 2002
Syntek Semiconductor Co. Ltd. v. Microchip Technology Inc.
Copyright dispute over validity of registration is referred to Register of Copyrights under doctrine of primary jurisdiction. 		Intellectual Property Jun. 4, 2002
Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co.,Ltd.
Prosecution history estoppel may apply to any claim amendment used to satisfy requirements of Patent Act. 		Intellectual Property Jun. 3, 2002
Jacobsen v. Deseret Book Co.
Author's claim for copyright infringement may proceed. 		Intellectual Property Apr. 30, 2002
Japan Telecom Inc. v. Japan Telecom America Inc.
Lack of actual confusion precludes trademark protection for descriptive mark. 		Intellectual Property Apr. 29, 2002
Cohn v. Petsmart Inc.
Because there is no likelihood of confusion between two marks, grant of summary judgment on trademark infringement claim is proper. 		Intellectual Property Apr. 15, 2002
Gardner v. Nike Inc.
Exclusive licenses are only assignable with the consent of licensor. 		Intellectual Property Apr. 5, 2002
Playboy Enterprises Inc. v. Welles
Former Playmate of the Year did not infringe Playboy's trademark on her Website. 		Intellectual Property Apr. 5, 2002
Kelly v. Arriba Soft Corp.
Although search engine's 'thumbnails' constitutes fair use, displays of larger images is unauthorized reproduction under Copyright Act. 		Intellectual Property Apr. 3, 2002
A&M Records Inc. v. Napster
Modified preliminary injunction ordering removal of user files from Napster's music index withstands vagueness challenge 		Intellectual Property Apr. 1, 2002
Entrepreneur Media Inc. v. Smith
Despite registered trademark status of magazine 'Entrepreneur,' exclusive appropriation of the term is not permitted for other mediums. 		Intellectual Property Feb. 19, 2002
Sports Unlimited Inc. v. Lankford Enterprises Inc.
Failure to establish act as 'advertising' within the industry precludes claim under Lanham Act. 		Intellectual Property Jan. 9, 2002
El-Com Hardware Inc. v. Fireman's Fund Insurance Co.
Insurer breached duty to defend where it had sufficient facts, including extrinsic evidence, of advertising injury at time of tender of defense. 		Intellectual Property Jan. 7, 2002
JEM AG Supply Inc. v. Pioneer Hi-Bred International Inc.
Utility patent law protects newly developed plant breeds. 		Intellectual Property Dec. 18, 2001
Vittoria North America LLC v. Euro-Asia Imports Inc.
Defendant may have violated trademark law by importing goods manufactured overseas without consent of owner. 		Intellectual Property Dec. 17, 2001
Food Consulting Group Inc. v. Musil Govan Azzalino
In accordance with California contract law, non-exclusive copyright license was properly granted by implication and did not exceed scope. 		Intellectual Property Dec. 13, 2001
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