Intellectual Property (9 summaries)
Gibson Guitar Corp. v. Viacom International Inc.
A plaintiff must effectively plead that an infringing product is actually in the market to state a claim of trademark infringement.
Area(s) of Law:- Trademarks
Hobbs v. John
Concepts and feelings are not copyrightable when they belong to the general scène à faire of the genre.
Area(s) of Law:- Copyright
Hearthware Inc. v. E. Mishan & Sons Inc.
If an allegedly infringing product owner does not make a literal lie in advertising the product, then there must be a showing of a likelihood of confusion.
Area(s) of Law:- Trademarks
deVere Group GMBH v. Opinion Corp.
Use of company name and description in web address for an internet consumer review site does not show plausible confusion required for a trademark violation.
Area(s) of Law:- Trademarks
DISH Network, L.L.C. v. Sonicview USA, Inc.
Creating boxes designed to circumvent satellite encryption illegally is a violation of the Digital Millennium Copyright Act.
Area(s) of Law:- Copyright
Scorpio Music S.A. v. Willis
A partial owner could terminate his or her right, so long as it was only for his or her part.
Area(s) of Law:- Copyright
Trident Products & Services, LLC v. Canadian Soiless Wholesale, Ltd.
Without expert testimony, a reasonable juror could not determine whether a trade secret was "not known or readily ascertainable by proper means."
Area(s) of Law:- Trade Secrets
Erickson v. Blake
If there is primarily only one way to express an idea, the expression cannot be copyrighted under the merger doctrine.
Area(s) of Law:- Copyright
Broadcast Music, Inc. v. Haibo, Inc.
When assessing the amount of statutory damages warranted for infringement, the Court has wide discretion.
Area(s) of Law:- Copyright