all - Opinion Summaries

MATTEL INC. v. WALKING MOUNTAIN PROD.

Copyright, Intellectual Property, Trade Dress, Trademark
Artist's use of the copyrighted Barbie doll constitutes fair use; his works are highly transformative parodies with no discernible impact on...

THE ANTIOCH CO. v. WESTERN TRIMMING CORP.

Intellectual Property, Trade Dress
In a trade dress infringement action, summary judgment to defendant is affirmed where the court properly applied the traditional rule for assessing...

SHIRE US INC. v. BARR LABS. INC.

Drugs & Biotech, Intellectual Property, Trade Dress
The district court did not clearly err in finding that plaintiff had failed to show that its pill configuration and color were non-functional and thus...

BILLY-BOB TEETH, INC. v. NOVELTY, INC.

Copyright, Intellectual Property, Trade Dress
A third-party infringer had no standing under 17 U.S.C. section 204 where there was no dispute between copyright owner and transferee about the status...

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

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

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...

HYMAN v. NATIONWIDE MUT. FIRE INS. CO.

Insurance Law, Intellectual Property, Trade Dress
Trade dress infringement committed by an insured gave rise to an "advertising injury" under its commercial general liability insurance policy, and a...

SALLY BEAUTY COMPANY, INC. v. BEAUTYPRO, INC.

Intellectual Property, Trademark, Trade Dress
Based on a likelihood of confusion due to similarities in products and marketing, a low degree of consumer care, and the relative strength of a mark,...

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...

HOLMES GROUP, INC. v. VORNADO AIR CIRCULATION SYS., INC.

Civil Procedure, Intellectual Property, Patent, Trade Dress
Where a complaint seeks declaratory judgment of non-infringement of trade dress and an injunction against such accusations, but does not assert a...