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Stephen W. Boney Inc. v. Boney Services Inc.
'Exceptional circumstances' Lanham Act requirement for attorney fees award applies to either plaintiff or defendant.
Intellectual Property Jun. 9, 1999
Lights of America Inc. v. U.S. District Court (SK America Inc.)
Only Federal Circuit can consider mandamus petition relating to prejudgment orders in patent infringement action.
Intellectual Property Jun. 6, 1999
Quality King Distributors Inc. v. L'Anza Research International Inc.
First sale doctrine is applicable to imported copies sold without authority of copyright owner.
Intellectual Property Jun. 6, 1999
Cybersell Inc. v. Cybersell Inc.
Alleged infringement of website service mark doesn't provide personal jurisdiction in mark holder's place of business.
Intellectual Property Jun. 3, 1999
Practice Management Information Corp. v. American Medical Assoc.
Copyrighted medical procedure code doesn't become law and enter public domain by federal agency's general adoption.
Intellectual Property May 26, 1999
Practice Management Information Corp. v. The American medical Assoc.
Copyrighted medical procedure code doesn't become law and enter public domain by federal agency's general adoption.
Intellectual Property May 26, 1999
Astaire v. Best Film & Video Corp.
Videotape manufacturer can use decease entertainer's movie clips for internal advertising of instructional videotapes.
Intellectual Property May 20, 1999
Cacique Inc. v. Robert Reiser & Co.
Reasonable royalty can only be recovered in trade secret suits when both actual damages and unjust enrichment can't be proven.
Intellectual Property Apr. 29, 1999
Peterson v. Highland Music Inc.
Music composer may rescind 30 year old royalty contract for breach of continuing payment obligation.
Intellectual Property Apr. 13, 1999
Enesco Corp. v. Price/Costco Inc.
Lanham Act may entitle manufacturer of trademarked product to injunction requiring retailer to disclose repackaging
Intellectual Property Apr. 12, 1999
National Corrective Training Institute v. Nelson
Order
Intellectual Property Apr. 6, 1999
Kendall-Jackson Winery Ltd. v. E. & J. Gallo Winery
Grape leaf design for wine labels isn't a protected trademark.
Intellectual Property Apr. 4, 1999
Los Angeles News Service v. Reuters Television International Ltd.
Damages from overseas dissemination of copyrighted material are recoverable if infringement was in United States.
Intellectual Property Apr. 2, 1999
Playboy Enterprises Inc. v. Welles
Use of term 'Playmate of the Year' in website of former Playboy Playmate isn't sufficient trademark infringement.
Intellectual Property Mar. 30, 1999
Imax Corp. v. Cinema Technologies Inc.
Complaint for misappropriation of trade secrets must state specifications of allegedly secret projector system.
Intellectual Property Mar. 26, 1999
Los Angeles News Service v. Reuters Television International Ltd.
Damages from overseas dissemination of copyrighted material are recoverable if infringement was in United States.
Intellectual Property Mar. 26, 1999
Kodadek v. MTV Networks Inc.
Drawing created from memory isn't a bona fide copy of original work for copyright registration purposes.
Intellectual Property Mar. 24, 1999
Micro Star v. FormGen Inc.
Description of audiovisual display forming part of computer game is protected against infringement.
Intellectual Property Mar. 22, 1999
Disc Golf Assn. Inc. v. Champion Discs Inc.
Shape of goal device is functional and not entitled to trademark or trade dress protection under Lanham Act.
Intellectual Property Mar. 19, 1999
Pfaff v. Wells Electronics, Inc.
Patent for invention is invalid if on sale for more than one year before filing patent application.
Intellectual Property Mar. 12, 1999
Batjac Productions Inc. v. GoodTimes Home Video Corp.
Screenplay with common law copyright enters public domain when film's copyright is not renewed.
Intellectual Property Mar. 11, 1999
Columbia Pictures Industries Inc. v. Miramax Films Corp.
Promotional materials for film 'The Big One' that infringe copyright to film 'Men In Black' are enjoined.
Intellectual Property Mar. 11, 1999
Dolman v. Agee
Songs don't lose common law copyright protection when placed on film soundtrack.
Intellectual Property Mar. 11, 1999
Robert L. Cloud & Associates Inc. v. Mikesell
Injunctive relief available under Uniform Trade Secrets Act doesn't include royalties for loss of future business.
Intellectual Property Mar. 4, 1999
Cloud v. Mikesell
Injunctive relief available under Uniform Trade Secrets Act doesn't include royalties for loss of future business.
Intellectual Property Mar. 4, 1999
K-Lath v. Davis Wire Corporation
Fear of infringement without case in controversy doesn't support declaratory judgment action.
Intellectual Property Mar. 2, 1999
Kingvision Pay-Per-View Ltd. v. Lake Alice Bar
Federal courts have right to modify amount of default judgment either on their own motion or on an oral motion due to the court's own mistake.
Intellectual Property Feb. 18, 1999
Fru-Con Construction Corp. v. KFX Inc.
Company's right to acquire stock is adequate consideration for transaction in which trade secrets are shared.
Intellectual Property Oct. 15, 1998
Bishop v. Equinox International Corp.
Actual damages are not required for an accounting of profits in trademark infringement suit.
Intellectual Property Sep. 8, 1998
Oklahoma Natural Gas Company v. LaRue
Order
Intellectual Property Sep. 2, 1998