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Gordon v. Drape Creative
Where a plaintiff's trademarked phrase is found on a defendant's product a court cannot grant summary judgment for the defendant without determining whether the mark is explicitly misleading. 		Intellectual Property 9th Nov. 21, 2018
Qualitex Co. v. Jacobson Products Co.
The court held that a color could meet the legal requirements for trademark registration under the Lanham Act, provided that it has acquired secondary meaning in the market. 		Intellectual Property USSC Nov. 6, 2018
Cobbler Nevada LLC v. Gonzales
Defendant's association with infringing IP address not sufficient to show 'plausibility of entitlement to relief,' where IP address was used by several individuals in shared adult care facility. 		Intellectual Property 9th Aug. 28, 2018
Gordon v. Drape Creative Inc.
To qualify for protection from trademark infringement suit, user of registered trademark in expressive work must add own artistic expression. 		Intellectual Property 9th Jul. 31, 2018
OTR Wheel Engineering v. West Worldwide Services
Jury verdict finding defendant liable for reverse passing off under Lanham Act affirmed where defendant passes off plaintiff’s genuine products as his own. 		Intellectual Property 9th Jul. 25, 2018
Pinkette Clothing v. Cosmetic Warriors
Laches defense not improper in Lanham Act trademark infringement suit, though suit brought within time before which registered marks don't yet become 'incontestable.' 		Intellectual Property 9th Jul. 2, 2018
Moldex-Metric v. McKeon Products
When considering whether element of trade dress is 'functional,' court must consider whether possible alternatives provide similar or better functionality before dismissing suit against allegedly-infringing dress. 		Intellectual Property 9th Jun. 6, 2018
Twentieth Century Fox Television v. Empire Distribution Inc.
Fox's use of mark 'Empire' for its hit television show does not run afoul of record label Empire Distribution Inc.'s trademark rights. 		Intellectual Property 9th Nov. 17, 2017
Amended Opinion: Stone Creek v. Omnia Italian Design
In trademark infringement action, leather furniture manufacturer and seller successful in reversing defense judgment in favor of former business partner. 		Intellectual Property 9th Aug. 31, 2017
Disney Enterprises Inc. v. VidAngel Inc.
VidAngel not exempt from liability for copyright infringement under Family Movie Act for streaming filtered version of ‘ripped’ copyright materials. 		Intellectual Property 9th Aug. 25, 2017
Stone Creek Inc. v. Omnia Italian Design Inc.
In trademark infringement action, leather furniture manufacturer and seller successful in reversing defense judgment in favor of former business partner. 		Intellectual Property 9th Jul. 12, 2017
Marketquest Group Inc. v. BIC Corp.
Summary judgment improperly granted to defendant in trademark action, where plaintiff adequately pleads cause of action for trademark infringement under reverse confusion theory of likely confusion. 		Intellectual Property 9th Jul. 10, 2017
Elliott v. Google Inc.
GOOGLE mark has not fallen victim to 'genericide' to warrant cancellation of trademark despite public's widespread use of the term as a verb. 		Intellectual Property Jun. 14, 2017
Sandoz Inc. v. Amgen
BPCIA's disclosure requirements under 42 U.S.C. Section 262(l)(2)(A) not enforceable by injunction; applicant seeking FDA approval for biosimilar product need not wait for licensure before providing commercial marketing notice. 		Intellectual Property Jun. 12, 2017
Impression Products Inc. v. Lexmark International Inc.
Manufacturer gives up patent rights to toner cartridges when it decided to sell its product, regardless of any purported restrictions or location of sale. 		Intellectual Property May 31, 2017
TC Heartland LLC v. Kraft Food Groups Brands LLC
In patent infringement suit brought against domestic corporation, domestic corporation 'resides' only in its State of incorporation pursuant to 28 U.S.C. Section 1400(b) and 'Fourco.' 		Intellectual Property May 23, 2017
Elliott v. Google Inc.
GOOGLE mark has not fallen victim to 'genericide' to warrant cancellation of trademark despite to public's widespread use of the term as a verb. 		Intellectual Property May 17, 2017
Star Athletica LLC v. Varsity Brands Inc.
Surface decorations on cheerleading uniforms are eligible for copyright protection as works of art where they can be separated from the useful article. 		Intellectual Property Mar. 23, 2017
Slep-Tone Entertainment Corp v. Wired for Sound Karaoke and DJ Services LLC
Media files 'ripped' from karaoke company's CDs used in karaoke performances do not give rise to unfair competition suit under Lanham Act. 		Intellectual Property Jan. 18, 2017
Samsung Electronics Co. Ltd. Apple Inc.
Relevant 'article of manufacture' for calculation of damages involving multi-component product need not be end product sold to consumer, but may be only a component of said product. 		Intellectual Property Dec. 6, 2016
Russell Road Food & Beverage v. Spencer
Trademark rights assigned to third parties upheld as no material changes made to agreement nor any clause present in contract prohibit assignment. 		Intellectual Property Jul. 25, 2016
JL Beverage Co. LLC v. Jim Beam Brands Co.
Application of wrong legal standard by district court when deciding motion for summary judgment leads to reversal and remand in dispute between vodka makers. 		Intellectual Property Jul. 15, 2016
Kirtsaeng v. John Wiley & Sons Inc.
In awarding fees under Copyright Act Section 505, substantial weight should be given to objective reasonableness of losing party's position in addition to all other circumstances. 		Intellectual Property Jun. 16, 2016
Millennium Laboratories Inc. v. Ameritox Ltd.
Summary judgment improper where triable issues remain as to whether visual layout of urine test report is functional, disqualifying it from Lanham Act protection. 		Intellectual Property Apr. 5, 2016
Multi Time Machine Inc. v. Amazon.com Inc.
Amazon defeats trademark infringement suit filed by manufacturer of military style watches because its search results were unlikely to confuse online consumers. 		Intellectual Property Oct. 22, 2015
DC Comics v. Towle
Pow! Copyright law deals blow to maker of Batmobile replicas who admittedly copied Batmobile's distinctive bat-like features and other unique characteristics. 		Intellectual Property Sep. 24, 2015
Microsoft Corp. v. Motorola, Inc.
Defendants' express consent to sever multiple issues in patent suit, and dispose of one predicate issue by way of a bench trial, prevents their subsequent appellate contention as to such severance. 		Intellectual Property Jul. 30, 2015
Amity Rubberized Pen Co. v. Market Quest Group Inc.
Where court lacks jurisdiction over patent case, transfer to Federal Circuit with exclusive jurisdiction is in interest of justice. 		Intellectual Property Jul. 13, 2015
Multi Time Machine Inc. v. Amazon.com Inc.
Amazon not entitled to summary judgment on trademark claim where jury could have concluded that its search results created initial interest confusion. 		Intellectual Property Jul. 6, 2015
Kimble v. Marvel Entertainment LLC
High court declines to overturn 'Brulotte v. Thys;' hence, all patent-related benefits, including royalty payments, must cease at the expiration of the patent. 		Intellectual Property Jun. 22, 2015
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