all - Opinion Summaries

LYONS P'SHIP, L.P. v. MORRIS COSTUMES, INC.

Intellectual Property, Trademark
While the applicable statute of limitations may bar remedies for the first act of trademark infringement, each subsequent sale of an item infringing...

TCPIP HOLDING CO., INC. v. HAAR COMMUNICATIONS, INC.

Cyberspace Law, Intellectual Property, Trademark
Under the Federal Trademark Anti-Dilution Act, 15 USC 1125(c), weak, non-distinctive, descriptive marks do not qualify for the Act's protection, even...

AMERICA ONLINE, INC. v. AT&T CORP.

Cyberspace Law, Intellectual Property, Trademark
While registration of the mark "Buddy List" provides prima facie evidence that cannot be defeated on summary judgment, the mark "You Have Mail" is...

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...

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...

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...