Justin Surber

Intellectual Property (11 summaries)

Timex Group USA, Inc. v. Focarino

When the descriptive terms "Intelligent" and "Quartz" were combined, they formed a mark that was eligible for protection.

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

Dash v. Mayweather

When a musician has never sold or licensed a copyright holding, relying on established artist's damages for similar misuse was too speculative.

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

Water Pik, Inc. v. Med-Systems, Inc.

In attempting to determine trademark infringement, the court used a non-exhaustive six-factor test to evaluate the competing marks.

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

Convolve, Inc. v. Compaq Computer Corp.

Trade secrets willingly given to another company without proper protection will not be protected by the courts.

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

Enterprise Management Limited, Inc. v. Warrick

Organizational diagrams may be eligible for copyright protection if the idea is separable from the expression.

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

Bridgeport Music, Inc. v. Smith

For a motion for reconsideration to be considered, the motion must be timely and the party must have a vested interest.

Area(s) of Law:
  • Copyright
  • , Transfer of Rights

Disney Enterprises, Inc. v. Vyong Tran

The moving party must establish a valid claim of copyright infringement and the Court must find that the infringer's conduct could not be attributed to excusable neglect before an entry of default judgment in a copyright matter can be granted.

Area(s) of Law:
  • Copyright
  • , Default Judgment

Bridgetree, Inc. v. Red F Marketing LLC

Making employees available for deposition, providing discovery for the alleged trade secret in question, and providing expert testimony are sufficient steps to identify alleged trade secrets.

Area(s) of Law:
  • Trade Secrets

U.S. v. Howley

Taking reasonable steps to protect trade secrets includes a "no photography" policy and guards surrounding the building.

Area(s) of Law:
  • Trade Secrets

Winchester Mystery House, LLC v. Global Asylum, Inc.

A trademark claim could be made when an allegedly infringing movie title bares no relation to the film or there was an intent to mislead.

Area(s) of Law:
  • Trade Secrets

Molinelli-Freytes v. University of Puerto Rico

An original manuscript created by employees while performing duties that are within the scope of their employment may be used by the employer without violating the 1976 Copyright Act.

Area(s) of Law:
  • Copyright