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22 Jan, 2007 9:53 am
... Internet domain name "www.insiderealliving.com," which displayed the same information embedded within the e-mail from "Herbie R Jr." (Stipulation at ¶ 1). In addition to the
"www.insiderealliving.com" website, Barlow ... 505 U.S. 763, 769, 112 S.Ct. 2753, 120 L.Ed.2d 615 (1992). The third element for the Court to consider is whether the Defendants
... Act is also appropriate for determining liability under the Ohio Deceptive Trade Practices Act." Worthington Foods, Inc. v. Kellogg Co., 732 F.Supp. 1417 ...
10 Mar 12:11 am
... Section 2(e)(5), and alternatively found that it fails to function as a mark, under Sections 1, 2, and 45. In re UDOR U.S.A., Inc., 89 USPQ2d ... register. TTABlog
comment: If you want to see how hard it is to overcome a Section 2(e)(5) functionality refusal for a product configuration, stick the word "functional" into the TTABlog search
... , entitled "Trade Dress at the TTAB: If Functionality Don't Get You, Nondistinctiveness Will," still resonates five years later. Text Copyright John L. Welch 2009
19 Mar, 2008 3:17 pm
... of 19 U.S.C. § 1337 and 35 U.S.C. § 271(e)(1) to imported products and products imported produced via a patented process. The ... the safe harbor applied. In a partial
dissent, Judge Linn agreed that the policies of § 271(e) would be furthered by its application to § 1337 proceedings, but that the plain text of the statute precluded that ... it
lacked jurisdiction absent an actual sale or contract for sale of the imported product. More detail of Amgen, Inc. v. Int'l Trade Comm'n after the jump, [More]
23 Oct 7:22 am
... Cook County against competitors and former employees. Alpha School Bus Company, Inc. v. Wagner, No. 1-06-3427 (Ill. 1st May 15, ... court wrote, because most of the
allegations supporting it did not depend on misappropriation of trade secrets. And Cook-Illinois may sue Wagner for breach of fiduciary duty ... secret under Illinois law:
"Plaintiffs' attempt to claim as a trade secret their "customer list," i.e., the names of the school districts, is patently false because this information is glaringly ...
5 Feb, 2007 9:36 pm
In its 7th precedential decision of 2007, the Board sustained an opposition to registration of the mark BARB'S BUNS BAKERY, INC. for printed recipes sold as a component of food
packaging, recipe books, and newsletters ["BUNS BAKERY, INC." ... , and therefore the second factor, the similarity of the goods, weighed in favor of Opposer. Likewise, the third
factor, the similarity in trade channels, favored Opposer. As to the fifth factor, Opposer's evidence that its products are sold in 20,000 stores, ...
22 Sep 2:05 pm
Filed September 16, 2009 Opinion by Judge Richard D. Bennett Held: Under the recently articulated Iqbal "plausibility" standard, the FTC sufficiently pleaded a cause of action against a
corporate officer for personal liability for deceptive marketing practices. Facts: The FTC sued multiple companies and their officers for marketing software using misleading "scareware"
tactics. One officer moved to dismiss for failure to state a claim against him in his individual capacity. Under the FTC Act, ...
5 Jul 7:40 pm
... work owned information systems or computers in a policy or employee handbook. Nat'l Econ. Research Assocs., Inc. v. Evans, 2006 WL 2440008 (Mass. Super. Ct. ... recent
case, a former employee accused of stealing company trade secrets was sued by his former employer. In Beard Research, Inc. v. Kates, 2009 WL 1515625 (Del. ... Defendant's
new employer's technical support group (who happened to be also handling the e-discovery aspects of the case). Just prior to turning over the drive the former employee ...
14 Feb, 2008 1:36 pm
... tangible form, just clarifies that even the Amazing Kreskin will still have to abide by trade secret laws. Al Minor & Assoc., Inc. v. Martin, Slip Opinion No.
2008-Ohio-292. ... didn't help Martin's case that he started his own company, Martin Consultants, L.L.C., while still employed at AMA. In 2003, he resigned from AMA and,
without ... State v. Smorgala (1990), 50 Ohio St.3d 222, 223, 553 N.E.2d 672 ("the General Assembly should be the final arbiter of public policy"). The court concluded that ...
6 May 3:50 am
... the CCPA in In re Morton-Norwich Products, Inc., 213 USPQ 9 (CCPA 1982). It first considered the utility patents owned by Karsten, since [a] prior patent ... has vital
significance in resolving the trade dress claim. A utility patent is ... comment: I initially found the Board's decision unconvincing, and was prepared to bloviate about de facto
versus de jure functionality: i.e., just because the claims of a utility patent cover (or "read on") a product does not mean that every different design or ...
8 Jul 9:03 am
... defendants and remanded the case for further proceedings. In its complaint, DII claimed that its computer model, as a total compilation, was a trade secret and that within
that model were 12 specific functions that individually also qualified as trade secrets ... noted that the most important characteristic of a trade secret is secrecy, Id.
at *17, quoting Dionne v. Southeast Foam Converting & Packaging, Inc., 397 S.E.2d 110, 113 (Va. 1990), and that it may retain that characteristic even though ...
24 Jul 1:02 am
... a shape. Above: two views of the Whirlpool Community trade mark Dismissing the appeal, the Court of Appeal held as follows: * Article 7(1)(e) of Regulation 40/94 did
not apply to ... mark and the sign (here the Court cited Case C-252/07 Intel Corp Inc v CPM United Kingdom Ltd, noted here and here by the IPKat). This being ... * the facts here
were a long way away from those considered by the Court of Appeal in L'Oreal SA v Bellure (see the IPKat note here), where the alleged infringers clearly intended ...
30 Jul 6:10 pm
The underlying suit alleged that Perry and Wilson, Inc. dba Marvin J. Perry & Associates ("P & W") had acquired the trade name and trademark of "Marvin J. Perry
& Associates" through a purchase agreement with MJP in 1993 and that MJP's ... .2d 1202, 1212 (Ill. Ct. App. 2008) but a different result attended in NGK Metals Corp. v.
Nat'l Union Fire Ins. Co., No. 1:04-CV-56, 2005 WL 1115925, at *15 (E.D. Tenn. Apr. 29, 2005). Although the court did not ...
23 Oct 9:43 am
... .v. Kolon Industries, Inc., 2009 U.S. Dist. LEXIS 76795, 2009-2 Trade Cas. (CCH) P76,728 (E.D. Va. August ... secret. As the court noted: "unless it can be
clearly discerned that the information in question constitutes a trade secret, the Court cannot dismiss alternative theories of relief as preempted by the VUTSA," quoting ... and
business expectancy the court found that DuPont had pled facts separate from the trade secrets allegations in support of those counts. Notably DuPont alleged that Kolon had ...
26 Nov, 2007 1:06 am
... ó que el argumento invocado por la excepcionante excedía el ámbito de la defensa e implicaba el examen de la causa de la obligación, por lo que las manifestaciones referidas
a ... sugiriendo su falta de adecuación a los supuestos previstos en el art. 602, inc. 1 CPCCN. 3.- La parte actora contesta el traslado del memorial, ... en destino (collect),
detalla las partes intervinientes en la operación (la agencia "Trade Baires Internacional SA." y la línea aérea transportista "Aerolíneas Argentinas SA."), ...
18 Dec, 2008 5:25 pm
... are met. The product may constitute a form of "advertising injury" offense under certain circumstances; i.e., it's an advertising idea. Unique trade dress as well as
design patent claims would appear to meet this criteria. ... mistaken impression about the original product, could trigger a defense. Indiana Ins. Co. v. Super Natural Distributors,
Inc., 2003 WI App 244, 2003 WL 22336427, at *10 (Wis. Ct. App. 2003); Superformance Int'l, Inc. v. Hartford Cas. Ins. Co., 203 F. Supp. 2d 587, 597 (E.D. ...
5 Feb 2:10 am
... and prohibiting WideBand Solutions, Inc., its principals, and others acting in concert with WideBand, from (among other things) the use, sale or marketing of ClearOne's
trade secrets and ... sold certain assets to ClearOne, and Lonny Bowers; and Versatile DSP, Inc. On November 5, 2008, the jury returned a unanimous verdict in the
Intellectual Property Case ... (C) WideBand's WC301 product; (d) WideBand's FC101 product; (e) the AEC2W code licensed to Biamp Systems Corporation; and (f) the computer code ...
6 Feb 7:07 am
... a person or organization or disparages a person's or organization's goods, products or services; (e) Oral or written publication, in any manner, of material that violates a
person's right ... advertising idea in your "advertisement"; or (g) Infringing upon another's copyright, trade dress or slogan in your "advertisement". A Madoff claim against a
fund or the fund's ... advertising injury coverage under a standard CGL policy. See, e.g., Superformance Int'l, Inc. v. Hartford Cas. Ins. Co., 203 F. Supp. ...
7 Sep 8:01 pm
... territorial. Ventas directas. Medida cautelar. Prohibición de embarque. Embargo. Prueba. E-mail atribuido a un tercero. Rechazo. Publicado por Julio Córdoba ... tanto acordó
directamente con la compradora extranjera (St. Killian Importing Co. Inc.) cierta exportación ignorando a la pretensora. La sentencia de la instancia anterior rechazó la cautelar
... lo cual restaba verosimilitud al derecho invocado por Baires Inter Trade S.A. 4. En principio cabe destacar que la quejosa ha reconocido en presentaci ...
9 Feb 9:51 pm
... . Archway alleges that the infringing packaging is designed to "exploit the uncertainty among both consumers and the retail trade resulting from the Archway bankruptcy" in
order to confuse consumers into believing that Voortman is the new owner of the Archway ... to serve as a source identifier (i.e. whether Archway's packaging is protectable
trade dress)? While product packaging can be inherently distinctive (see Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763 (1992); Wal-Mart Stores, Inc. v.
...
20 Mar, 2008 8:49 pm
... and futures trading world. One important factor contributing to the change is attributable to State Street Bank and Trust Co. v. Signature Financial Group, Inc. that
cleared away ... 1989, Mr. Leo Melamed, the principal architect of Globex, explained the reason for launching the e-trading system, "Today every financial center that is
meaningful must have its own ... Exchange: The Regulation of Global Exchanges, 1 Brook. J. Corp. Fin. & Com. L 355, 370 (Spring, 2007). [10] Id. at 65. [11] Roberta S. ...
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