Intellectual Property (8 summaries)
Frank Gaylord v. United States
Where a court is determining damages in a copyright case they may use a tool from patent law without applying the tool in its entirety.
Area(s) of Law:- Copyright
- , Damages
Derma Pen, LLC v. 4EverYoung Ltd.
The court of appeals for the 10th Circuit will issue a grant for a preliminary injuction when a party can show that they established a likelihood of success on the merits.
Area(s) of Law:- Trademarks
- , Preliminary Injunctions
Lavatec Laundry Tech. v. Lavatec, Inc.
When two related companies claim to be the first user of a trademark there is a rebuttable presumption that the manufacturer owns the trademark.
Area(s) of Law:- Trademarks
Abbvie Inc. v. Mathilda & Terence Kennedy Inst.
If a patent is distinguishable as a narrower species of a dominate patent, the patent holder must demonstrate an unexpected result.
Area(s) of Law:- Patents
OBAN US, LLC v. Nautilus, Inc.
When a company licenses the use of its brand to another they do not have a duty to monitor the licensee’s infringement of a third party mark.
Area(s) of Law:- Copyright
Renna v. County of Union
When a mark cannot be registered because it is not a suitable, protected mark a claim for trademark infringement cannot be brought under Section 43 of the Lanham Act.
Area(s) of Law:- Trademarks
- , Infringement
Title Trading Services. USA, Inc. v. Kundu
When evaluating whether to grant a temporary restraining order the court considers four elements.
Area(s) of Law:- Trade Secrets
- , Preliminary Injunction
Stutts v. Texas Saltwater Fishing Magazine, Inc.
When two works are substantially similar the court may grant summary judgment if when viewing evidence in the light most favorable to the non-moving party they can draw inferences from the evidence presented that reasonable jurors could not find a substantially similar idea or expression.
Area(s) of Law:- Copyright
- , Infringement