Willamette Law Online

(20 summaries)

Robert Sobotka

Intellectual Property

TitleExcerptFilling Date
Neri v. MonroeCopyright: When a photograph of a work of art was transformative, despite it being a creative work, fair use was found.(02-26-2014)
Hokto Kinoko Co. v. Concord Farms, Inc.Trademarks: When a trademark holder alleged that a competitor wrongly imported and marketed mushrooms under its marks, the competitor's importation of its mushrooms was likely to confuse consumers under the Lanham Act despite no evidence of actual confusion. (12-24-2013)
Am. Inst. of Physics v. Winstead PCCopyright: Because the defendant made transformative, non-commercial use of a copyrighted work in a way that promotes the public interest, the court allowed the fair use defense. (12-03-2013)
Ashland Inc. v. RandolphTrademarks: A permanent injunction was granted to Valvoline when an automobile repair shop displayed Valvoline trademarks but used other products.(10-25-2013)
Ross v. Olsen Fine Home Bldg.Copyright: Although designs for houses can be copyrighted, a copyright holder failed to establish a genuine issue of material fact when a couple who had toured a copyrighted single family house contracted with a different custom home designer to design a house that the copyright holder alleged to be substantially similar. (09-30-2013)
Bishop v. MillerTrade Secrets: A compilation of readily accessible information could constitute a trade secret.(09-12-2013)
Aceto Agric. Chems. Corp. v. Bayer AktiengesellschaftTrademarks: Infringement was not found in part due to sophistication of producers of commercial products. (08-23-2013)
Sunearth, Inc. v. Sun Earth Solar Power Co.Trademarks: A likelihood of confusion was found when goods were of the same type and similar channels were used.(08-23-2013)
Broad. Music, Inc. v. Meadowlake, Ltd.Copyright: Injunctive relief was appropriate when there was a strong possibility that copyright infringement would occur in the future, due to infringer's high level of disregard shown to copyright owner's work in the past. (07-29-2013)
Southwestern Energy Prod. Co. v. Berry-HelfandTrade Secrets: Returning materials containing trade secrets is sufficient to avoid statutory theft of a trade secret. (07-10-2013)
WFTV, Inc. v. Maverik Production Ltd. Liability Co.Trademarks: Statutory damages were found appropriate in a default judgment. (06-18-2013)
Kate Spade LLC v. Saturday Surf LLCTrademarks: A declaratory judgment that a new clothing brand did not infringe a existing brand was not necessary.(06-17-2013)
Overhead Door Corp. v. BurgerTrademarks: Default judgment for both trademark infringement and false designation was appropriate when a license to use a trademark was validly terminated. (06-17-2013)
Muromura v. Rubin Postaer & Assocs.Copyright: In order for infringement to be found, works need to have extrinsic substantial similarity. (05-31-2013)
Nexstar Broad., Inc. v. Time Warner Cable, Inc.Copyright: In television broadcasting, copyright infringement was unlikely to succeed when an operator of a television station did not notify a broadcaster that the operator was exercising its non-duplication rights. (05-30-2013)
Curtis v. Illumination Arts, Inc.Copyright: The Copyright Act provides an additional damage remedy if a plaintiff can show that the infringement was wilfull. (05-29-2013)
Righthaven LLC v. HoehnCopyright: Under the SAA, the temporary assignee of a copyright does not have standing to sue for infringement. (05-09-2013)
In re Bashas’ Inc.Copyright: To prove copyright infringement, claims must rise above the level of speculation.(05-08-2013)
Perfect 10, Inc. v. Yandex N.V.Copyright: An agent must be registered with the US Copyright Office in order to comply with Section 512(c).(05-07-2013)
Nucal Foods, Inc. v. KayeTrademarks: Default judgment was appropriate when a cybersquatter registered a domain name that was confusingly similar to a trademark. (04-17-2013)