all - Opinion Summaries

VANGUARD RESEARCH, INC. v. PEAT, INC.

Civil Procedure, Intellectual Property, Patent
Dismissal of a declaratory judgment action alleging noninfringement, invalidity, and unenforceability of a patent was improper, where a case or...

THANE INT'L, INC. v. TREK BICYCLE CORP.

Intellectual Property, Trademark
A trademark dilution cause of action cannot proceed absent a showing that a bicycle brand name was famous among members of the general consuming...

HYMAN v. NATIONWIDE MUT. FIRE INS. CO.

Insurance Law, Intellectual Property, Trade Dress
Trade dress infringement committed by an insured gave rise to an "advertising injury" under its commercial general liability insurance policy, and a...

CUMULUS MEDIA, INC. v. CLEAR CHANNEL COMMUNICATIONS, INC.

Communications Law, Intellectual Property, Trademark
A preliminary injunction against the use of a radio station name was correctly entered where plaintiff's continuous use of the name overcame any claim...

PDV MIDWEST REFINING, L.L.C. v. ARMADA OIL & GAS CO.

Commercial Law, Contracts, Intellectual Property, Trademark, Oil and Gas Law
Restructuring and loss of trademarks constituted a valid and reasonable basis to terminate a franchise under the Petroleum Marketing Practices Act.

PIN/NIP, INC. v. PLATTE CHEM. CO.

Intellectual Property, Patent
In claims based on patents which inhibit sprout growth on vegetables, a thesis did not constitute clear and convincing evidence of anticipation, and...

SALLY BEAUTY COMPANY, INC. v. BEAUTYPRO, INC.

Intellectual Property, Trademark, Trade Dress
Based on a likelihood of confusion due to similarities in products and marketing, a low degree of consumer care, and the relative strength of a mark,...

HERBKO INT'L, INC. v. KAPPA BOOKS, INC.

Intellectual Property, Trademark
The publication of a single volume by itself does not create the needed proprietary rights in a book title to establish priority to a mark.

JACK GUTTMAN, INC. v. KOPYKAKE ENT., INC.

Intellectual Property, Patent
Denial of a motion for a preliminary injunction was improper where it was based on a construction of patent claims at odds with the clear definitions...

ELAN PHARM., INC. v. MAYO FOUND. FOR MED. EDUC. & RESEARCH

Intellectual Property, Patent
Summary judgment holding that patents directed to transgenic animals were invalid as anticipated is reversed, where the legal requirements of...