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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. 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. 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
Commil USA LLC v. Cisco Systems Inc.
Belief regarding patent validity is not valid defense against induced patent infringement claim.
Intellectual Property May 26, 2015
Ryan v. Editions Limited West Inc.
Court properly awards artist attorney fees in copyright infringement claim, but abused its discretion in greatly reducing award without providing adequate explanation.
Intellectual Property May 19, 2015
B&B Hardware Inc. v. Hargis Industries Inc.
Error to not apply issue preclusion to Trademark Trial and Appeal Board finding in infringement action.
Intellectual Property Mar. 24, 2015
Fifty-Six Hope Road Music Ltd. v. A.V.E.L.A. Inc.
Bob Marley’s children prevail on false endorsement claim against parties that used their father’s image on t-shirts and other merchandise.
Intellectual Property Feb. 22, 2015
Corbello v. DeVito
Ghostwriter’s heir may proceed with copyright infringement claim against former members of Jersey Boys over Broadway musical.
Intellectual Property Feb. 11, 2015
Hana Financial v. Hana Bank
In trademark disputes, ‘tacking’ issue for jury to decide just as in tort, contract, and criminal cases.
Intellectual Property Jan. 22, 2015
Omega S.A. v. Costco Wholesale Corp.
Omega may not prohibit sale of its copyrighted watches by Costco, who obtained watches through the ‘gray market.’
Intellectual Property Jan. 21, 2015
Teva Pharmaceuticals USA Inc. v. Sandoz Inc.
Reviewing court may not set aside district court’s determination on subsidiary factual matter involving patent claim without finding of clear error.
Intellectual Property Jan. 21, 2015
Pom Wonderful LLC v. Hubbard
District court improperly denies Pom Wonderful LLC’s request for preliminary injunction over use of ‘POM’ mark due to mistaken likelihood-of-success determination.
Intellectual Property Dec. 31, 2014
Oracle Corp. v. SAP AG
Oracle Corp. is not entitled to $1.3 billion in hypothetical-license damages against SAP AG when it failed to present objective, non-speculative evidence of license price.
Intellectual Property Sep. 1, 2014
Hendricks & Lewis PLLC v. Clinton
District court may authorize receiver to sell musician George Clinton’s master recordings to satisfy various judgments that law firm won against him.
Intellectual Property Aug. 26, 2014
Southern California Darts Association v. Zaffina
Unincorporated association has capacity to own trademarks and bring suit under Lanham Act in federal court to stop infringement of unregistered marks.
Intellectual Property Aug. 11, 2014