Willamette Law Online

Intellectual Property

( 10 summaries )

Opinions Filed in July 2012

Chicago Bldg. Design P.C. v. Mongolian House, Inc.

Copyright: A claim for copyright infringement must be brought within 3 years of a party receiving notice (actual or inquiry) of a completed claim.

(Filing Date: 07-31-2012)

Dish Network, L.L.C. v. Alejandri

Copyright: To demonstrate circumvention of access controls, the plaintiff must show: (1) the defendant distributed the technology, and (2) that the technology was designed to circumvent access control systems and has only limited alternative uses.

(Filing Date: 07-30-2012)

Granger v. One Call Lender Services

Copyright: The award of statutory damages is appropriate in the default judgment context, but a single infringer of a single work is only liable for a single amount regardless of the number of infringement acts.

(Filing Date: 07-27-2012)

In re Antor Media Corporation

Patents: Unclaimed disclosures in patents carry a presumption of enablement.

(Filing Date: 07-27-2012)

deVere Group GMBH v. Opinion Corp.

Trademarks: 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.

(Filing Date: 07-13-2012)

Loughlin v. Ling

Patents: If a patent application is entitled to receive the benefit of an earlier effective date under 35 U.S.C. § 120, the earlier date is that application’s filing date for determining whether any of that application's claims offend the one year time restraint in 35 U.S.C. § 135(b)(2).

(Filing Date: 07-11-2012)

Midwestern Pet Foods, Inc. v. Societe Des Produits Nestle S.A.

Trademarks: Evidence of fame that postdates an intent-to-use application is relevant to a showing of a likelihood of confusion.

(Filing Date: 07-09-2012)

Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC

Trademarks: A trustee’s rejection of a contract does not abrogate a trademark license.

(Filing Date: 07-09-2012)

General Electric Co. v. ITC

Patents: Tariff Act of 1930, § 337, protects domestic industry by prohibiting imports that infringe on U.S. patents.

(Filing Date: 07-06-2012)

Fishman Transducers, Inc. v. Paul

Trademarks: When parties are not in direct competition, evidence linking a loss in profits to the trademark infringement is required.

(Filing Date: 07-03-2012)