Willamette Law Online

Intellectual Property

( 10 summaries )

Opinions Filed in December 2011

A To Z Machining Service, LLC v. National Storm Shelter, LLC

Copyright: Plaintiff must have a valid copyright registration before filing for copyright infringement; preregistration is not a registered work within the meaning of 17 U.S.C. §411.)

(Filing Date: 12-29-2011)

Universal Furniture International, Inc. v. Paul Frankel

Copyright: To be found personally liable for a violation of the Lanham Act plaintiff must show that defendant, themselves, falsely designated the origin of plaintiff’s property.

(Filing Date: 12-29-2011)

Fancaster, Inc. v. Comcast Corp.

Trademarks: In order to prevail in a trademark infringement case, the plaintiff must provide sufficient evidence to prove a likelihood of confusion; it is not enough to just allege that there is an infringement.

(Filing Date: 12-22-2011)

Norwood Promotional Products v. Kustomkoozies and Liddle

Trademarks: The continued use of a trademarked image after a failed attempt to terminate a licensing agreement does not constitute trademark infringement.

(Filing Date: 12-21-2011)

The Scooter Store, Inc. v. SpinLife.com

Trademarks: Generic terms have no trademark significance and therefore are not entitled to protection against trademark infringement.

(Filing Date: 12-21-2011)

UMG Recordings, Inc. v. Shelter Capital Partners, LLC

Copyright: if a provider of web hosting service has no actual knowledge or awareness of copyright infringement and the plaintiff never specifies what content is copyright infringing, the provider will be able to claim safe harbor under statute 512.

(Filing Date: 12-20-2011)

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

Trade Secrets: 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.

(Filing Date: 12-13-2011)

Olem Shoe Corp. v. Washington Shoe Co.

Trademarks: If a member of the public is not able to identify the plaintiff’s products with the plaintiff, then even if the defendant creates identical products they would not cause confusion for the public.

(Filing Date: 12-01-2011)

Teva Pharmaceuticals Industries Ltd. v. AstraZeneca Pharmaceuticals

Patents: Conception occurs when the inventor has a specific, settled idea, a particular solution to the problem at hand, but the inventor need not understand precisely why his invention works in order to achieve an actual reduction to practice.

(Filing Date: 12-01-2011)

In Re Construction Equipment Company

Patents: Determining either what a reference teaches, or whether a person having ordinary skill in the art would have reason to combine prior art references is a question of fact.

(Filing Date: 02-08-2011)