Joseph Urbanski

Intellectual Property (11 summaries)

Smith v. Casey

Standing was found when a musician held legal rights to his work in exchange for royalties.

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

Wang v. Mayorkas

Trademark counterfeiting under 18 U.S.C. § 2320(a) is an aggravated felony under § 1101(1)(43)(M)(i) of the Immigration and Nationality Act.

Area(s) of Law:
  • Trademarks
  • , Criminal, Immigration

Livingston v. Earle

Plaintiff did not have standing in infringement suit because she failed to list the cause of action as an asset in her Chapter 7 bankruptcy; use of copyrighted works in a judicial proceeding was fair use.

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

Reservoir, Inc. v. Truesdell

Because the Lanham Act does not have a limitations period for filing claims of trademark infringement, the court used the statute of limitations for fraud because that was the "most analogous" Texas statute of limitations.

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

Pandora Media, Inc. v. Am. Soc'y of Composers, Authors, and Publrs.

American Society of Composers was not allowed to deny a blanket license to compositions in their repertory despite third party copyright holders withdrawing rights.

Area(s) of Law:
  • Copyright
  • , statutory construction

UCB Manufacturing, Inc. v. Tris Pharma, Inc.

Trade secret protection cannot be claimed when information is available in the public domain or through an employee's general knowledge or experience.

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

Seltzer v. Green Day, Inc.

Use of a mark in advertisements for an art gallery show did not qualify the mark for protection under the Lanham Act.

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

Hobbs v. John

Peters v. West precluded a "unique combination" theory, in which elements which were not entitled to protection individually became a unique expression when placed in a certain combination with each other.

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

American Petroleum Institute v. Cooper

The Lanham Act preempted North Carolina's gasoline blending statute, allowing producers to require in-line blending of gasoline to protect the quality of their marked products.

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

Lube-Tech Liquid Recycling, Inc. v. Lee's Oil Service, LLC

A descriptive mark (conveying an immediate idea of the ingredients, qualities or characteristics of the goods) was protectable only if the mark was shown to have acquired a secondary meaning.

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

The State ex rel. Lukin v. Corporation for Findlay Market of Cincinnati

Terms of lease agreements in regards to consideration paid and duration are considered trade secrets and excluded from public records requests.

Area(s) of Law:
  • Trade Secrets
  • , Lease Agreements