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Yeti By Molly Ltd. v. Deckers Outdoor Corp.
Sufficient evidence supported jury verdict that clothing company violated trade secret for footwear.
Intellectual Property Oct. 9, 2001
Columbia Pictures Industries Inc. v. Krypton Broadcasting of Birmingham Inc.
Owner of television stations violated copyright law by airing programs after filing to make timely licensing payments.
Intellectual Property Oct. 8, 2001
Cusano v. Klein
Former guitarist for rock bank may sue for royalties despite bankruptcy filing.
Intellectual Property Sep. 16, 2001
Estate of Bishop v. Equinox International Corp.
Attorney-fee award is sufficient remedy where trademark holder did not suffer actual damages from infringing use.
Intellectual Property Sep. 9, 2001
Moldo v. Matsco Inc. (In re Cybernetic Services Inc.)
Company with security interest in patent may assert interest in bankruptcy proceeding despite failing to record patent with federal office.
Intellectual Property Jul. 25, 2001
Clicks Billiards Inc. v. Sixshooters Inc.
Summary judgment is improper when pool hall presents sufficient evidence to create triable issue of material fact on trade dress infringement claim.
Intellectual Property Jul. 24, 2001
New York Times Co. Inc. v. Tasini
Print publishers violate copyright law by distributing freelance articles to electronic publishers without permission.
Intellectual Property Jul. 2, 2001
Far Out Productions Inc. v. Oskar
Trademark not obtained fraudulently where parties signed new contracts transferring interest in band's name.
Intellectual Property Jun. 28, 2001
Allen Chance v. Pac-Tel Teletrac Inc.
First use of service mark can be determined by the totality of user's acts prior to first sale.
Intellectual Property May 9, 2001
A&M Records v. Napster Inc.
Napster is liable for vicarious copyright infringement for failure to police illegal uses of material by visitors to its Web site.
Intellectual Property May 6, 2001
Traffix Devices Inc. v. Marketing Displays Inc.
Traffic sign feature that prevents it from falling during heavy wind is functional and is not entitled to trade dress protection.
Intellectual Property Apr. 3, 2001
Traffix Devices Inc. v. Marketing Displays Inc.
Federal trade dress protection extends to product configuration covered by an expired utility patent.
Intellectual Property Mar. 22, 2001
Kassbaum v. Steppenwolf Productions Inc.
Musician is not barred by contract or statute from truthfully referring to himself, in promotional materials, as former member of Steppenwolf.
Intellectual Property Mar. 2, 2001
People v. Hsieh
Prosecution fails to produce sufficient evidence of secrecy and value of information to support defendant's conviction of trade-secret theft.
Intellectual Property Feb. 28, 2001
Cook v. Robbins
Defendant bears burden of proving there is no causal link between copyright infringement and direct profits.
Intellectual Property Feb. 1, 2001
Leicester v. Warner Brothers
Movie studio did not infringe copyright by filming towers that were part of architectural work.
Intellectual Property Feb. 1, 2001
L'Anza Research International Inc. v. Quality King Distributors Inc.
First sale doctrine doesn't bar claim involving exportation and later importation of copyrighted goods.
Intellectual Property Jan. 12, 2001
Columbia Pictures Television v. Krypton Broadcasting of Birmingham Inc.
Separate damages awards are justified for distinct infringements by each TV episode shown on different stations.
Intellectual Property Jan. 12, 2001
Creative Gifts v. UFO, Michael Sherlock
Court properly concludes that the term "Levitron" is not generic and thus may be enforced as a trademark.
Intellectual Property Jan. 12, 2001
Worldwide Church of God v. Philadelphia Church of God
Copyright infringement of church's creative religious work by another church is not protected by 'fair use' doctrine.
Intellectual Property Sep. 22, 2000
Kling v. Hallmark Cards Inc.
Issue of material fact exists as to whether widow of writer for 'Rainbow Brite' cartoon script has cognizable claim of copyright infringement.
Intellectual Property Sep. 13, 2000
Abkco Music Inc. v. LaVere
1997 amendment to Copyright Act applies retroactively to pending cases.
Intellectual Property Aug. 31, 2000
ETS-Hokin v. Spirits Inc.
Commercial photographs of vodka bottle are original works of authorship entitled to copyright protection.
Intellectual Property Aug. 29, 2000
Sony Computer Entertainment America Inc. v. Bleem LLC
Unauthorized use of accurate still image from animated video game for comparative advertising constitutes fair use under Copyright Act.
Intellectual Property Aug. 24, 2000
National Assn. of Professional Baseball Leagues Inc. v. Very Minor Leagues Inc.
Under Lanham act, prevailing defendant may only receive attorney fees if plaintiffs purpose in bringing suit was to harass or if suit was unfounded.
Intellectual Property Aug. 8, 2000
Secular Organizations for Sobriety Inc. v. Ullrich
Self-help organization does not establish secondary meaning in its mark that is sufficient to exclude use of nearly identical mark.
Intellectual Property Aug. 5, 2000
Three Boys Music Corp. v. Michael Bolton
Widespread dissemination of popular copyrighted song creates prima facie case of copyright infringement.
Intellectual Property Aug. 4, 2000
Gracie v. Gracie
While jury instructions given could have been more precise, denial of new trial motion was proper and not abuse of discretion.
Intellectual Property Jul. 17, 2000
Sony Computer Entertainment America Inc. v. Bleem
Unauthorized use of accurate still image from animated video game for comparative advertising constitutes fair use under Copyright Act.
Intellectual Property Jul. 10, 2000
Walter v. Mattel Inc.
Under Lanham Act, likelihood of reverse confusion does not occur when toy manufacturer packages doll with name similar to commercial artist's logo.
Intellectual Property Jun. 29, 2000