Willamette Law Online

(11 summaries)

Joseph Urbanski

Intellectual Property

TitleExcerptFilling Date
Smith v. Casey Copyright: Standing was found when a musician held legal rights to his work in exchange for royalties.(01-22-2014)
Wang v. MayorkasTrademarks: Trademark counterfeiting under 18 U.S.C. § 2320(a) is an aggravated felony under § 1101(1)(43)(M)(i) of the Immigration and Nationality Act. (12-13-2013)
Livingston v. EarleCopyright: Plaintiff did not have standing in infringement suit because she failed to list the cause of action as an asset in her Chapter 7 bankruptcy; use of copyrighted works in a judicial proceeding was fair use. (11-21-2013)
Reservoir, Inc. v. TruesdellTrademarks: Because the Lanham Act does not have a limitations period for filing claims of trademark infringement, the court used the statute of limitations for fraud because that was the "most analogous" Texas statute of limitations. (10-09-2013)
Pandora Media, Inc. v. Am. Soc'y of Composers, Authors, and Publrs.Copyright: American Society of Composers was not allowed to deny a blanket license to compositions in their repertory despite third party copyright holders withdrawing rights. (09-17-2013)
UCB Manufacturing, Inc. v. Tris Pharma, Inc. Trade Secrets: Trade secret protection cannot be claimed when information is available in the public domain or through an employee's general knowledge or experience. (08-27-2013)
Seltzer v. Green Day, Inc. Trademarks: Use of a mark in advertisements for an art gallery show did not qualify the mark for protection under the Lanham Act. (08-07-2013)
Hobbs v. John Copyright: Peters v. West precluded a "unique combination" theory, in which elements which were not entitled to protection individually became a unique expression when placed in a certain combination with each other.(07-17-2013)
American Petroleum Institute v. Cooper Trademarks: The Lanham Act preempted North Carolina's gasoline blending statute, allowing producers to require in-line blending of gasoline to protect the quality of their marked products. (06-06-2013)
Lube-Tech Liquid Recycling, Inc. v. Lee's Oil Service, LLC Trademarks: A descriptive mark (conveying an immediate idea of the ingredients, qualities or characteristics of the goods) was protectable only if the mark was shown to have acquired a secondary meaning. (06-03-2013)
The State ex rel. Lukin v. Corporation for Findlay Market of Cincinnati Trade Secrets: Terms of lease agreements in regards to consideration paid and duration are considered trade secrets and excluded from public records requests.(04-24-2013)