all - Opinion Summaries

THE TAUBMAN CO. v. WEBFEATS

Civil Procedure, Cyberspace Law, Intellectual Property, Trademark
Injunctions preventing use of certain internet domain names are reversed where defendant's use was not "in connection with the sale or advertising of...

PACCAR, INC. v. TELESCAN TECHS., LLC

Cyberspace Law, Intellectual Property, Remedies, Trademark
A manufacturer demonstrated a strong likelihood of success on the merits of its trademark infringement claim based on defendant's use of trademarks in...

BROTHER RECORDS, INC. v. JARDINE

Entertainment Law, Intellectual Property, Trademark
In a Lanham Act trademark infringement action, defendant used a mark in a secondary, trademark sense to denote a music band, thus the classic fair use...

ISI INT'L, INC. v. BORDEN LADNER GERVAIS LLP

Civil Procedure, Ethics & Professional Responsibility, Intellectual Property, Legal Malpractice, Trademark
The district court did not abuse its discretion in relegating a Lanham Act and attorney fiduciary breach suit to a Canadian forum, where no tenable...

PATSY'S BRAND, INC. v. I.O.B. REALTY, INC.

Commercial Law, Intellectual Property, Trademark, Remedies, Trade Dress
Based on the eight-factor likelihood of confusion test, defendants infringed a trademark and trade dress, but injunction should be modified to permit...

DAIMLERCHRYLSER AG v. BLOOM

Communications Law, Intellectual Property, Trademark
District court properly granted summary judgment to the owner of a licensed phone number in a trademark action, as the owner of the phone number is...

CENTURY 21 REAL ESTATE CORP. v. MERAJ INT'L INVESTMENT CORP.

Commercial Law, Contracts, Intellectual Property, Trademark
In a breach of contract claim, the district court's interpretation of a franchise agreement as to total credits against royalty fees was not...

IN RE MAJESTIC DISTILLING CO., INC.

Intellectual Property, Trademark
An examining attorney correctly refused registration of a mark for tequila, on the basis of likelihood of confusion with previously registered marks...

DRAEGER OIL CO. v. UNO-VEN CO.

Commercial Law, Contracts, Intellectual Property, Trademark, Oil and Gas Law
Under the Petroleum Marketing Practices Act, defendant had no duty to compensate suppliers or customers who may have been harmed by its decisions,...

PROFITNESS PHYSICAL THERAPY CTR. v. PRO-FIT ORTHOPEDIC & SPORTS PHYSICAL THERAPY P.C.

Commercial Law, Consumer Protection Law, Intellectual Property, Trademark
Defendant in an action for trademark infringement, trademark dilution, and unfair competition under the Lanham Act, was not entitled to summary...