all - Opinion Summaries

S.C. JOHNSON & SON v. CLOROX CO.

Intellectual Property
Under the Lanham Act, defendant's TV commercial that waited seven seconds and then showed plaintiff's resealable bag leaking water is literally...

ELDRID v. RENO

Constitutional Law, Intellectual Property
Neither the First Amendment nor the Copyright Clause of the Constitution of the United States constrains Congress from extending for a period of years...

MARSHAK v. TREADWELL

Entertainment Law, Intellectual Property, Trademark
Under the Lanham Act, 5 USC 1065, a claim for cancellation of a trademark based on fraudulent procurement and a defense to an otherwise incontestable...

HUNT MASTERS, INC. v. LANDRY'S SEAFOOD RESTAURANT, INC.

Intellectual Property, Trademark
The term "crab house" is a generic term referring to a class of restaurants that serve crabs, so plaintiff is not entitled to common law trademark...

AMAZON, INC. v. BARNESANDNOBLE.COM, LLC.

Cyberspace Law, Intellectual Property, Patent
Plaintiff is not entitled to a preliminary injunction on a likelihood of prevailing on a patent infringement claim where the validity of the patent is...

STUHLBARG INT'L SALES CO. v. JOHN D. BRUSH AND CO., INC.

Intellectual Property, International Trade, Trademark
While the Court of International Trade has exclusive jurisdiction over suits relating to customs, 28 USC 1581-1584, goods detained on the basis of the...

DEMARINI SPORTS, INC. v. WORTH, INC.

Intellectual Property, Patent
Where a term was not in dispute in a prior case and the district court-s discussion of the term was simply to give context to the discussion of other,...

FOREST LAB., INC. v. ABBOTT LAB.

Intellectual Property, Patent
When the surface active material, as described in the patent, is combined with a pharmaceutically acceptable carrier, it does not necessarily cease to...

BIOVAIL CORP. INT'L v. ANDRX PHARM, INC.

Intellectual Property, Patent
The -admixture- limitation in plaintiff's claim must be -homogeneous- because the remarks accompanying the amendment after final rejection also...

IN RE DIAL-A-MATTRESS OPERATING CORP.

Intellectual Property, Trademark
Because the mark -1-888-M-A-T-R-E-S-S- is descriptive of the relevant services, and has acquired prima facie distinctiveness as the legal equivalent...