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Name Category Published
E.S.S. Entertainment 2000 Inc. v. Rock Star Videos Inc.
First Amendment protects videogame manufacturer's modification of strip club trademark. 		Intellectual Property Nov. 5, 2008
Pacific Sunwear of California Inc. v. Olaes Enterprises Inc.
Under UCC, 'rightful' infringement claim is one that has any significant and adverse effect on buyer's ability to make use of purchased goods. 		Intellectual Property Oct. 10, 2008
United States v. Able Time Inc.
Civil penalties may be imposed on importer of counterfeit merchandise even though trademark owner does not make same kind of goods. 		Intellectual Property Sep. 26, 2008
DirecTV Inc. v. Webb
In satellite piracy case, judgment is reversed in part where violation is for modification of device that defendant used himself. 		Intellectual Property Sep. 26, 2008
Asset Marketing Systems Inc. v. Gagnon
Contractor held to grant implied unlimited license where it created work specifically requested and stored source code on licensee's servers. 		Intellectual Property Sep. 10, 2008
Omega S.A. v. Costco Wholesale Corp.
'First sale' doctrine is unavailable defense where items in dispute were manufactured outside United States. 		Intellectual Property Sep. 4, 2008
Plumley v. Mockett
Order denying motion to strike is reversed where plaintiff fails to show defendants lacked probable cause to bring patent action. 		Intellectual Property Jul. 16, 2008
Classic Media Inc. v. Mewborn
Termination of transfer right stands where daughter of Lassie story author grants rights in 1976 and potentially re-assigns identical rights after 1978. 		Intellectual Property Jul. 14, 2008
Fisher Tool Co. Inc v. Gillet Outillage
There is no malicious prosecution where defendants show they consulted with their lawyer in good faith and acted upon advice given. 		Intellectual Property Jul. 2, 2008
Richlin v. Metro-Goldwyn-Mayer Pictures Inc.
Writer's heirs have no interest in copyright to motion picture which he did not coauthor. 		Intellectual Property Jun. 20, 2008
Derek Andrew Inc. v. Poof Apparel Corp.
Plaintiff is precluded from recovering statutory damages for post-registration distributions of garments bearing infringing detail. 		Intellectual Property Jun. 12, 2008
Cypress Semiconductor Corp. v. Superior Court (Silvaco Data Systems)
Statute of limitations accrues on trade secret misappropriation claims against third parties when plaintiff reasonably suspects third party knows about trade secret. 		Intellectual Property Jun. 2, 2008
Sybersound Records Inc. v. UAV Corp.
Party who lacked standing to bring copyright infringement suit under Copyright Act cannot bring claim under Lanham Act. 		Intellectual Property Feb. 28, 2008
CytoDyn Inc. v. Amerimmune Pharmaceuticals Inc.
Statutory award of attorney fees under Uniform Trade Secrets Act is improper in action for alleged misappropriation of patents and trademarks. 		Intellectual Property Feb. 21, 2008
Jada Toys Inc. v. Mattel Inc.
In trademark infringement case, district court errs by only considering one ‘Sleekcraft’ factor in its likelihood of confusion analysis. 		Intellectual Property Feb. 21, 2008
Leadsinger Inc. v. BMG Music Publishing
Mechanical license acquired under Copyright Act will not authorize karaoke company’s utilization of copyrighted materials because its device is audiovisual work, not phonorecord. 		Intellectual Property Jan. 3, 2008
Applied Information Sciences Corp. v. eBay Inc.
eBay is entitled to summary judgment where 'SmartSearch' owner shows protectable interest in trademark but produces no admissible evidence of confusion. 		Intellectual Property Dec. 31, 2007
K&N Engineering Inc. v. Bulat
Election of statutory damages under 15 U.S.C. Section 1117(c) for trademark counterfeiting claim precludes award of attorney fees under Section 1117(b). 		Intellectual Property Dec. 19, 2007
Perfect 10 Inc. v. Amazon.com Inc.
Google thumbnails do not infringe Perfect 10's exclusive rights to copyrighted photographs of nude models. 		Intellectual Property Dec. 4, 2007
Perfumebay.com Inc. v. eBay Inc.
Court properly enjoins internet based company from using infringing marks where likelihood of consumer confusion exists. 		Intellectual Property Nov. 5, 2007
Rhoades v. Avon Products Inc.
Case is improperly dismissed where plaintiff's claim that beauty product company threatened trademark infringement suit alleges true case or controversy. 		Intellectual Property Oct. 15, 2007
Freecycle Network Inc. v. Oey
Statements encouraging use of 'freecycle' to keep term in public domain does not constitute contributory trademark infringement or disparagement under Lanham Act. 		Intellectual Property Sep. 26, 2007
Yield Dynamics v. TEA Systems Corp.
Plaintiff who fails to establish elements showing misappropriation of trade secret blames adverse judgment on court's misconception of governing law. 		Intellectual Property Sep. 24, 2007
DirecTV Inc. v. Huynh
Court properly declines to grant default judgment for satellite television provider in piracy case where complaints fail to allege modification of electronic device. 		Intellectual Property Sep. 11, 2007
Zila Inc. v. Tinnell
Inventor of 1992 patent improvement must be determined where royalty payments contained in 1980 agreement are disputed. 		Intellectual Property Sep. 5, 2007
Yield Dynamics Inc. v. TEA Systems Corp.
Plaintiff who fails to establish elements showing misappropriation of trade secret blames adverse judgment on court's misconception of governing law. 		Intellectual Property Aug. 27, 2007
Grocery Outlet Inc. v. Albertson's Inc.
District court properly concludes Albertson's was legal owner of 'LUCKY' mark for retail grocery products and services in dispute against grocery competitor. 		Intellectual Property Aug. 9, 2007
Jada Toys Inc. v. Mattel Inc.
In trademark infringement case, district court errs by only considering one ‘Sleekcraft’ factor in its likelihood of confusion analysis. 		Intellectual Property Aug. 2, 2007
Magic Kitchen LLC v. Good Things International LTD.
Trade dress infringement claim is time-barred by laches where company waited 10 years to file suit, without justification, and caused significant prejudice. 		Intellectual Property Jul. 31, 2007
Perfect 10 Inc. v. Visa International Service Association
Magazine’s contributory copyright infringement claim against payment processors is properly dismissed where there was no material contribution or inducement to actual infringement. 		Intellectual Property Jul. 11, 2007
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