Juan Chavez

Intellectual Property (11 summaries)

Luvdarts, LLC v. AT & T Mobility, LLC

To give adequate notice under the DMCA, a copyright holder must give notice of which copyrights were infringed, who infringed them, and when they were infringed.

Area(s) of Law:
  • Copyright

Tetris Holding, LLC v. Xio Interactive, Inc.

The Merge Doctrine does not prevent authors from creating copyrightable expressions of rules or concepts.

Area(s) of Law:
  • Copyright

U.S. v. Lam

The jury is granted broad discretion to discern whether allegedly infringed goods and marks are indistinguishable from the legitimate mark.

Area(s) of Law:
  • Trademarks

In re Viterra Inc.

Concerning identical marks, the “degree of similarity necessary to support a conclusion of likely confusion declines.”

Area(s) of Law:
  • Trademarks

United States v. Jin

Under the Economic Espionage Act, the Government must prove beyond a reasonable doubt that an economic spy intends to supply a trade secret to a benefitting nation.

Area(s) of Law:
  • Trademarks

Kinbook, LLC v. Microsoft Corporation

In a reverse trademark infringement case, the senior trademark owner still must demonstrate that he or she still has a distinct mark.

Area(s) of Law:
  • Trademarks

Wolk v. Kodak Imaging Network, Inc.

Defendant largely acted in accordance with DMCA when it provided plaintiff with a means to contact concerning removal of infringing images.

Area(s) of Law:
  • Copyright

AvidAir Helicopter Supply, Inc. v. Rolls-Royce Corp.

A trade secret does not exist for neither its novelty nor its unavailability, so much as for the reasonable efforts taken in securing the secret's secrecy, and the economic value derived from it.

Area(s) of Law:
  • Trade Secrets

Field Turf Builders, LLC v. Fieldturf USA, Inc.

One cannot claim a trade secret if it was not maintained as a secret.

Area(s) of Law:
  • Trade Secrets

Tianrui Group Company Ltd. v. ITC

Under the Tariff Act, when the divulgement of a trade secret occurs extraterritorially U.S. Trade Secret law can still be applied.

Area(s) of Law:
  • Trade Secrets

Remark, LLC v. Adell Broadcasting Company

Trademark infringement can only occur when the goods themselves confuse the public as to their origins, not when the copyrighted material therein is incorporated into a good.

Area(s) of Law:
  • Trademarks