all - Opinion Summaries

MATTELL, INC. v. MCA RECORDS, INC.

Intellectual Property, Trademark
Use of a doll's name in a song does not amount to trademark infringement where the song does not mislead as to association or the source of the work,...

ISLAND INSTEEL SYS., INC. v. WATERS

Civil Procedure, Intellectual Property, Trademark, International Law
A trademark infringement action under the Lanham Act is analogous to a cause of action for deceptive trade practices under Virgin Islands law, for...

GRAY v. MEIJER, INC.

Intellectual Property, Trademark, Trade Dress
A claim of trade dress infringement under the Lanham Act is not actionable where, under examination of eight relevant factors, a purportedly...

VERIZON COMMUNICATIONS, INC v. INVERIZON INT'L, INC.

Civil Procedure, Intellectual Property, Trademark
The district court erred in staying a declaratory judgment action for use of a trademark, pending outcome of a state action, where federal law...

TIE TECH, INC. v. KINEDYNE CORP.

Intellectual Property, Trademark
A wheelchair securement system product design is not fanciful, but is wholly functional, and is therefore not protectible as a trademark.

THERMA-SCAN, INC. v. THERMOSCAN, INC.

Intellectual Property, Trademark
In an action for trademark infringement and unfair competition, summary judgment for defendant was proper where relevant facts failed to raise a...

MATTEL, INC. v. LUCE, FORWARD, HAMILTON & SCRIPPS

Civil Procedure, Injury & Tort Law, Intellectual Property, Trademark
An action for malicious prosecution, after a trademark infringement action, qualifies for a special motion to strike under Code of Civil Procedure...

TAMKO ROOFING PROD., INC. v. IDEAL ROOFING CO., LTD.

Attorney's Fees, Civil Procedure, Intellectual Property, Trademark
The prevailing party in a trademark infringement action was not entitled to attorneys' fees and expenses in connection with an appeal brought by the...

TIMES MIRROR MAGAZINE, INC. v FIELD & STREAM LICENSES CO.

Intellectual Property, Trademark
Agreements for trademark use did not leave a magazine publisher with a residual trademark right in hunting, fishing, and camping goods, and the...

CAIRNS v. FRANKLIN MINT CO.

Injury & Tort Law, Intellectual Property, Trademark
In a claim based on the use of Princess Diana's name and likeness on commercial items, denial of a post-mortem right of publicity claim was proper,...