Margaret Gander-Vo

Intellectual Property (9 summaries)

Frank Gaylord v. United States

Where a court is determining damages in a copyright case they may use a tool from patent law without applying the tool in its entirety.

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

Derma Pen, LLC v. 4EverYoung Ltd.

The court of appeals for the 10th Circuit will issue a grant for a preliminary injuction when a party can show that they established a likelihood of success on the merits.

Area(s) of Law:
  • Trademarks
  • , Preliminary Injunctions

Derma Pen, LLC v. 4EverYoung Ltd.

The court of appeals for the 10th Circuit will issue a grant for a preliminary injuction when a party can show that they established a likelihood of success on the merits.

Area(s) of Law:
  • Trademarks
  • , Preliminary Injunctions

Lavatec Laundry Tech. v. Lavatec, Inc.

When two related companies claim to be the first user of a trademark there is a rebuttable presumption that the manufacturer owns the trademark.

Area(s) of Law:
  • Trademarks

Abbvie Inc. v. Mathilda & Terence Kennedy Inst.

If a patent is distinguishable as a narrower species of a dominate patent, the patent holder must demonstrate an unexpected result.

Area(s) of Law:
  • Patents

OBAN US, LLC v. Nautilus, Inc.

When a company licenses the use of its brand to another they do not have a duty to monitor the licensee’s infringement of a third party mark.

Area(s) of Law:
  • Copyright

Renna v. County of Union

When a mark cannot be registered because it is not a suitable, protected mark a claim for trademark infringement cannot be brought under Section 43 of the Lanham Act.

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

Title Trading Services. USA, Inc. v. Kundu

When evaluating whether to grant a temporary restraining order the court considers four elements.

Area(s) of Law:
  • Trade Secrets
  • , Preliminary Injunction

Stutts v. Texas Saltwater Fishing Magazine, Inc.

When two works are substantially similar the court may grant summary judgment if when viewing evidence in the light most favorable to the non-moving party they can draw inferences from the evidence presented that reasonable jurors could not find a substantially similar idea or expression.

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