Willamette Law Online

(9 summaries)

Clay Peterson

Intellectual Property

TitleExcerptFilling Date
Gibson Guitar Corp. v. Viacom International Inc.Trademarks: A plaintiff must effectively plead that an infringing product is actually in the market to state a claim of trademark infringement.(03-08-2013)
Hobbs v. JohnCopyright: Concepts and feelings are not copyrightable when they belong to the general scène à faire of the genre.(10-29-2012)
Hearthware Inc. v. E. Mishan & Sons Inc.Trademarks: If an allegedly infringing product owner does not make a literal lie in advertising the product, then there must be a showing of a likelihood of confusion.(08-10-2012)
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.(07-13-2012)
DISH Network, L.L.C. v. Sonicview USA, Inc.Copyright: Creating boxes designed to circumvent satellite encryption illegally is a violation of the Digital Millennium Copyright Act.(05-31-2012)
Scorpio Music S.A. v. WillisCopyright: A partial owner could terminate his or her right, so long as it was only for his or her part.(05-07-2012)
Trident Products & Services, LLC v. Canadian Soiless Wholesale, Ltd.Trade Secrets: Without expert testimony, a reasonable juror could not determine whether a trade secret was "not known or readily ascertainable by proper means."(04-18-2012)
Erickson v. BlakeCopyright: If there is primarily only one way to express an idea, the expression cannot be copyrighted under the merger doctrine.(03-14-2012)
Broadcast Music, Inc. v. Haibo, Inc.Copyright: When assessing the amount of statutory damages warranted for infringement, the Court has wide discretion.(03-12-2012)