Willamette Law Online

(7 summaries)

Margaret Gander-Vo

Intellectual Property

TitleExcerptFilling Date
Derma Pen, LLC v. 4EverYoung Ltd. Trademarks: The court of appeals for the 10th Circuit will issue a grant for a preliminary injuction when a party can show that they established a likelihood of success on the merits.(12-09-2014)
Lavatec Laundry Tech. v. Lavatec, Inc.Trademarks: When two related companies claim to be the first user of a trademark there is a rebuttable presumption that the manufacturer owns the trademark.(09-03-2014)
Abbvie Inc. v. Mathilda & Terence Kennedy Inst.Patents: If a patent is distinguishable as a narrower species of a dominate patent, the patent holder must demonstrate an unexpected result.(08-21-2014)
OBAN US, LLC v. Nautilus, Inc.Copyright: When a company licenses the use of its brand to another they do not have a duty to monitor the licensee’s infringement of a third party mark.(06-23-2014)
Renna v. County of UnionTrademarks: When a mark cannot be registered because it is not a suitable, protected mark a claim for trademark infringement cannot be brought under Section 43 of the Lanham Act.(05-29-2014)
Title Trading Services. USA, Inc. v. KunduTrade Secrets: When evaluating whether to grant a temporary restraining order the court considers four elements. (05-02-2014)
Stutts v. Texas Saltwater Fishing Magazine, Inc. Copyright: When two works are substantially similar the court may grant summary judgment if when viewing evidence in the light most favorable to the non-moving party they can draw inferences from the evidence presented that reasonable jurors could not find a substantially similar idea or expression.(04-18-2014)