Clay Peterson

Intellectual Property (9 summaries)

Gibson Guitar Corp. v. Viacom International Inc.

A plaintiff must effectively plead that an infringing product is actually in the market to state a claim of trademark infringement.

Area(s) of Law:
  • Trademarks

Hobbs v. John

Concepts and feelings are not copyrightable when they belong to the general scène à faire of the genre.

Area(s) of Law:
  • Copyright

Hearthware Inc. v. E. Mishan & Sons Inc.

If an allegedly infringing product owner does not make a literal lie in advertising the product, then there must be a showing of a likelihood of confusion.

Area(s) of Law:
  • Trademarks

deVere Group GMBH v. Opinion Corp.

Use of company name and description in web address for an internet consumer review site does not show plausible confusion required for a trademark violation.

Area(s) of Law:
  • Trademarks

DISH Network, L.L.C. v. Sonicview USA, Inc.

Creating boxes designed to circumvent satellite encryption illegally is a violation of the Digital Millennium Copyright Act.

Area(s) of Law:
  • Copyright

Scorpio Music S.A. v. Willis

A partial owner could terminate his or her right, so long as it was only for his or her part.

Area(s) of Law:
  • Copyright

Trident Products & Services, LLC v. Canadian Soiless Wholesale, Ltd.

Without expert testimony, a reasonable juror could not determine whether a trade secret was "not known or readily ascertainable by proper means."

Area(s) of Law:
  • Trade Secrets

Erickson v. Blake

If there is primarily only one way to express an idea, the expression cannot be copyrighted under the merger doctrine.

Area(s) of Law:
  • Copyright

Broadcast Music, Inc. v. Haibo, Inc.

When assessing the amount of statutory damages warranted for infringement, the Court has wide discretion.

Area(s) of Law:
  • Copyright