Willamette Law Online

(11 summaries)

Justin Surber

Intellectual Property

TitleExcerptFilling Date
Timex Group USA, Inc. v. Focarino Trademarks: When the descriptive terms "Intelligent" and "Quartz" were combined, they formed a mark that was eligible for protection. (12-17-2013)
Dash v. MayweatherCopyright: When a musician has never sold or licensed a copyright holding, relying on established artist's damages for similar misuse was too speculative. (09-23-2013)
Water Pik, Inc. v. Med-Systems, Inc.Trademarks: In attempting to determine trademark infringement, the court used a non-exhaustive six-factor test to evaluate the competing marks. (08-12-2013)
Convolve, Inc. v. Compaq Computer Corp. Trade Secrets: Trade secrets willingly given to another company without proper protection will not be protected by the courts. (07-01-2013)
Enterprise Management Limited, Inc. v. WarrickCopyright: Organizational diagrams may be eligible for copyright protection if the idea is separable from the expression.(05-21-2013)
Bridgeport Music, Inc. v. SmithCopyright: For a motion for reconsideration to be considered, the motion must be timely and the party must have a vested interest. (05-01-2013)
Disney Enterprises, Inc. v. Vyong TranCopyright: The moving party must establish a valid claim of copyright infringement and the Court must find that the infringer's conduct could not be attributed to excusable neglect before an entry of default judgment in a copyright matter can be granted. (05-01-2013)
Bridgetree, Inc. v. Red F Marketing LLCTrade Secrets: Making employees available for deposition, providing discovery for the alleged trade secret in question, and providing expert testimony are sufficient steps to identify alleged trade secrets.(02-05-2013)
U.S. v. HowleyTrade Secrets: Taking reasonable steps to protect trade secrets includes a "no photography" policy and guards surrounding the building.(02-04-2013)
Winchester Mystery House, LLC v. Global Asylum, Inc.Trade Secrets: A trademark claim could be made when an allegedly infringing movie title bares no relation to the film or there was an intent to mislead.(10-24-2012)
Molinelli-Freytes v. University of Puerto RicoCopyright: An original manuscript created by employees while performing duties that are within the scope of their employment may be used by the employer without violating the 1976 Copyright Act. (09-30-2012)