all - Opinion Summaries

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.

INT'L COSMETICS EXCH. INC. v. GAPARDIS HEALTH & BEAUTY, INC.

Commercial Law, Intellectual Property, Trademark
Cosmetics manufacturer was entitled to injunctive relief where distributor caused confusion regarding the trademark, "FAIR & WHITE," when it began...

HARROD'S LTD. v. SIXTY INTERNET DOMAIN NAMES

Cyberspace Law, Intellectual Property, Trademark
15 U.S.C. section 1125(d)(2) authorizes an in rem action against domain names based on claims of infringement and dilution, as well as bad faith...

PORSCHE CARS N. AM., INC. v. PORSCHE.NET

Cyberspace Law, Intellectual Property, Trademark
Early in an anticybersquatting case, the availability of personal jurisdiction may defeat in rem jurisdiction over a domain name. Possession of an...

CHATTANOGA MFG., INC. v. NIKE, INC.

Intellectual Property, Trademark
Trademark infringement claims over an athletic wear company's use of the term "Jordan" were barred by laches, given the length of unreasonable delay,...

US SEARCH, LLC v. US SEARCH.COM, INC.

Intellectual Property, Trademark
A placement firm's mark was not entitled to service mark protection when used in connection with executive recruiting services, where the mark was not...

BETTERBOX COMMUNICATIONS, LTD. v. BB TECH., INC.

Intellectual Property, Trademark
In a trademark action, 1) an expert was qualified to testify on likelihood of confusion, based on his practical experience, and 2) admission of...

JONESFILM v LION GATE INT'L

Civil Procedure, Intellectual Property, Trademark
A trademark action was incorrectly dismissed, for failure to join an indispensable party, where undisputed facts made clear that the absent party had...

PROMATEK, INDUS., LTD. v. EQUITRAC CORP.

Cyberspace Law, Intellectual Property, Trademark, Remedies
An injunction, ordering a trademark infringer to place language on its website to remedy a Lanham Act violation, is valid despite possibility that the...

TE-TA-MA TRUTH FOUND. v. WORLD CHURCH OF THE CREATOR

Constitutional Law, Intellectual Property, Trademark
Use of the phrase "Church of the Creator" as a trademark is descriptive, rather than generic, and recognition of the mark does not violate the First...