all - Opinion Summaries

NEW KAYAK POOL CORP. v. R & P POOLS, INC.

Intellectual Property, Trademark
In determining whether to grant a preliminary injunction in a trademark infringement case, a district court must apply the multi-factor balancing test...

MENTOR H/S, INC. v. MED. DEVICE ALLIANCE, INC.

Intellectual Property, Patent
Where plaintiff offered substantial evidence at trial that ultrasonic liposuction device was not a staple item suitable for substantial noninfringing...

WAYMARK CORP. v. PORTA SYS. CORP.

Intellectual Property, Patent
35 USC 271(f)(2) does not require actual combination or assembly of shipped components.

BRIDGESTONE/FIRESTONE RESEARCH, INC. v. AUTO. CLUB DE L'OUEST DE LA FRANCE

Intellectual Property, Trademark
Where there is undue delay in bringing a request for cancellation of a trademark, the doctrine of laches takes account of the economic prejudice...

DAVIS v. THE GAP, INC.

Intellectual Property
Section 504(b) of the Copyright Act permits a copyright owner to recover actual damages, in appropriate circumstances, for the fair market value of a...

BLACK CLAWSON CO. v. KROENERT CORP.

Intellectual Property
Settlement by licensor does not necessarily preclude an action by an assignee of licensed technology.

DTM RESEARCH, L.L.C. v. AT&T CORP.

Civil Procedure, Intellectual Property, Trade Secrets
A defendant in a trade secrets case is not entitled to summary judgment on the ground that a protective order, based on the governments' assertion of...

CBS, INC. v. PRIMETIME 24 JOINT VENTURE

Communications Law, Intellectual Property
Under the Satellite Home Viewer Improvement Act of 1999, Pub. L. No. 106-113, 1001, et seq., "any termination" includes voluntary as well as...

GREENBERG v NAT'L GEOGRAPHIC SOC'Y

Intellectual Property
Under 17 USC 201(c) of the Copyright Act, a CD-ROM of past magazine issues is neither a "revision of collective work" of the copyrighted photographs...

CHANCE v. PAC-TEL TELETRAC INC.

Intellectual Property, Trademark
Where the owner of a service mark cannot show any sales of the service, the totality of the circumstances test suggests insufficient use in commerce...