David Bundy

Intellectual Property (15 summaries)

Sprint Nextel Corp. v. Welch

A reseller may be liable for trademark infringement if the reseller uses the trademark in a way that is likely to cause the general public to think the reseller is working in conjunction with the trademark owner.

Area(s) of Law:
  • Trademarks
  • , Infringement

Bouchat v. Baltimore Ravens Ltd. P'ship

Fair use was found when a copyrighted logo was used in a limited manner in a movie about football's history.

Area(s) of Law:
  • Copyright
  • , Fair Use

Coach, Inc v. Pure MLK Last Stop, Inc.

$500,000 and a permanent injunction was found to be an appropriate remedy when counterfeiters did not respond to summons.

Area(s) of Law:
  • Trademarks
  • , Damages

Banxcorp v. Costco Wholesale Corp.

Interest rates were not protectable under copyright law because, as mathematical averages, they were uncopyrightable facts and because they are too short to be copyrighted.

Area(s) of Law:
  • Copyright
  • , Infringement

United States V. Hanjuan Jin

Under the EEA, a company does not have to actually lose money from the theft of a trade secret for a person to be found guilty of stealing a trade secret.

Area(s) of Law:
  • Trade Secrets
  • , Economic Espionage Act

Kienitz v. Sconnie Nation LLC

Fair use was found despite commercial gain largely because the commercial gain was "paltry" and the work was a parody.

Area(s) of Law:
  • Copyright
  • , Fair Use

McKee v. James (Unreported)

Password protection on a computer alone does not constitute reasonable efforts toward maintaining the secrecy of a trade secret.

Area(s) of Law:
  • Trade Secrets
  • , Misappropriation

Bean v. Pearson Educ., Inc.

A structured process of requesting to use copyrighted material does not create an implied license to use those same materials without permission.

Area(s) of Law:
  • Copyright
  • , Implied License

Cuidado Casero Home Health of El Paso v. Ayuda Home Health Care Services LLC

When making a claim of lost profits the plaintiff must show that the lost profits are non-speculative and corroborated.

Area(s) of Law:
  • Trade Secrets
  • , Damages

Ophthalmic Research Associates, Inc v. Sarcode Corporation

"Predictability, the protection of justified expectations, and ease of adjudication" should be considered when determining which state law applies in a trade secret dispute.

Area(s) of Law:
  • Trade Secrets
  • , Choice of Law

Kuvedina, LLC v. Cognizant Technology Solutions

Misappropriation of trade secrets require (1) existence of a trade secret; (2)acquisition of the trade secret as a result of a confidential relationship; (3) unauthorized use of a trade secret.

Area(s) of Law:
  • Trade Secrets

B & B Hardware, Inc. v. Hargis Industries, Inc.

The Trademark Trial and Appeal Board's decision was overturned because it was not an Article III court and used different factors in determining whether there was trademark infringement.

Area(s) of Law:
  • Trademarks
  • , Infringement

Reservoir, Inc. V. Truesdell

The person first using the trademark was granted ownership despite the fact that the other party had filed the trademark.

Area(s) of Law:
  • Trademarks
  • , Infringment, Priority of Use

Calisi v. Unified Financial Services, LLC

Without specialized client information, client lists do not constitute trade secrets.

Area(s) of Law:
  • Trade Secrets
  • , CLIENT LISTS

Reg Seneca, LLC v. Harden

(When an employee has trouble discerning between general knowledge about his employment and trade secrets, an injunction enforcing a noncompete clause is appropriate to protect trade secrets.)

Area(s) of Law:
  • Trade Secrets
  • , Noncompete Clause