Qualitex Co. v. Jacobson Products Co., Inc.
Brief

CitationQualitex Co. v. Jacobson Prods. Co., 514 U.S. 159, 115 S. Ct. 1300, 131 L. Ed. 2d 248, 1995 U.S. LEXIS 2408, 34 U.S.P.Q.2D (BNA) 1161, 63 U.S.L.W. 4227, 95 Cal. Daily Op. Service 2249, 95 Daily Journal DAR 3867, 8 Fla. L. Weekly Fed. S 653 (U.S. Mar. 28, 1995)   Brief Fact Summary. Qualitex Co. (Plaintiff) sought to register a trademark on a color. Synopsis of Rule of Law. Color on its own may be registered as a trademark. ...

People for the Ethical Treatment of Animals v. Doughney
Brief

CitationLouis Vuitton Malletier S.A. v. Haute Diggity Dog, LLC, 507 F.3d 252, 2007 U.S. App. LEXIS 26334, 84 U.S.P.Q.2D (BNA) 1969, Copy. L. Rep. (CCH) P29,476 (4th Cir. Va. Nov. 13, 2007) Brief Fact Summary. Doughney (Defendant) created a web page entitled, “People Eating Tasty Animals,†which was a parody of the website run by the People for the Ethical Treatment of Animals (Plaintiff). Synopsis of Rule of Law. To establish an Anticybersquatting Consumer Protection Act (APCA) violation, a bad faith intent to profit from using the parodied domain name must be ...

Louis Vuitton Malletier S.A. v. Haute Diggity Dog, LLC
Brief

CitationLouis Vuitton Malletier S.A. v. Haute Diggity Dog, LLC, 507 F.3d 252, 2007 U.S. App. LEXIS 26334, 84 U.S.P.Q.2D (BNA) 1969, Copy. L. Rep. (CCH) P29,476 (4th Cir. Va. Nov. 13, 2007) Brief Fact Summary. Louis Vuitton Malletier S.A. (LVM) (Plaintiff), a manufacturer of luxury goods, claimed that Haute Diggity Dog, LLC (Defendant), a pet products manufacturer, among other things, diluted Plaintiff’s trademarks by creating and selling a line of “Chewy Vuiton†dog chew toys that spoofed Plaintiff’s handbags and trademarked designs. Synopsis of Ru ...

Sheldon v. Metro-Goldwyn Pictures Corp
Brief

CitationSheldon v. Metro-Goldwyn Pictures Corp., 309 U.S. 390, 60 S. Ct. 681, 84 L. Ed. 825, 1940 U.S. LEXIS 1246, 44 U.S.P.Q. (BNA) 607 (U.S. Mar. 25, 1940) Brief Fact Summary. Playwright and copyright-infringing movie studio disputed the amount of movie profits that the playwright should be awarded. Playwright and copyright-infringing movie studio disputed the amount of movie profits that the playwright should be awarded. Synopsis of Rule of Law. There is no basis to award someone who has had his copyright infringed upon any amount of profits made by the infringer above that which cannot ...

AMF, Inc. v. Sleekcraft Boats
Brief

CitationAMF, Inc. v. Sleekcraft Boats, 599 F.2d 341, 1979 U.S. App. LEXIS 13615, 204 U.S.P.Q. (BNA) 808 (9th Cir. Cal. June 28, 1979) Brief Fact Summary. AMF, Inc. (Plaintiff) sought to enjoin Sleekcraft Boats (Defendant) from using its mark since it was similar enough to AMF’s (Plaintiff) Slickcraft mark to expect confusion to result. Synopsis of Rule of Law. Several factors must be considered in determining whether confusion between related goods is likely, including strength and similarity of the marks, type and proximity of the goods, and marketing channels used. ...

Perfect 10, Inc. v. Amazon.com, Inc.
Brief

CitationPerfect 10, Inc. v. Amazon.com, Inc., 487 F.3d 701, 2007 U.S. App. LEXIS 11420, 99 U.S.P.Q.2D (BNA) 1746, Copy. L. Rep. (CCH) P29,380 (9th Cir. Cal. May 16, 2007) Brief Fact Summary. Google, Inc. (Defendant) claimed that even if its transmission of thumbnail images of Perfect 10, Inc.’s (Plaintiff) copyrighted nude images, or its in-line linking to or framing of full-size images that infringed Plaintiff’s copyright in the images constituted infringement of Plaintiff’s display or distribution rights, its use still constituted a fair use. Synopsis of Rule of Law. (1) ...

Viacom Int’l, Inc. v. YouTube
Brief

Brief Fact Summary. Viacom International, Inc. (Viacom) and other copyright holders (collectively, “plaintiffs”) (Plaintiff) alleged direct and secondary copyright infringement based on the public performance, display, and reproduction of about 79,000 audiovisual “clips” shown on the YouTube (Defendant) website, an online video sharing service. The plaintiffs (Plaintiff) argued that YouTube (Defendant) was not entitled to safe harbor protection under the Digital Millennium Copyright Act (DMCA) for airing the clips because, as plaintiffs (Plaintiff) claimed, YouTube (Def ...

Rescuecom Corp. v. Google, Inc
Brief

CitationRescuecom Corp. v. Google, Inc., 562 F.3d 123, 2009 U.S. App. LEXIS 7160, 90 U.S.P.Q.2D (BNA) 1287 (2d Cir. N.Y. Apr. 3, 2009) Brief Fact Summary. Rescuecom Corp (Plaintiff) argued that Google, Inc.’s (Defendant) use of Rescuecom’s trademark was a use in commerce and infringed its trademark through Google’s (Defendant) recommendation and sale of Rescuecom’s (Plaintiff) mark to Google’s (Defendant) advertisers, including Plaintiff’s competitors, so as to trigger the appearance of their advertisements and links in a manner likely to cause confusion f ...

Park ‘N Fly, Inc. v. Dollar Park and Fly, Inc
Brief

CitationPark ‘n Fly v. Dollar Park & Fly, 469 U.S. 189, 105 S. Ct. 658, 83 L. Ed. 2d 582, 1985 U.S. LEXIS 33, 53 U.S.L.W. 4044, 224 U.S.P.Q. (BNA) 327 (U.S. Jan. 8, 1985) Brief Fact Summary. An incontestable service mark was alleged to be only descriptive and could not be used to enjoin the use of another infringing service mark. Synopsis of Rule of Law. An incontestable mark cannot be challenged on the grounds that it is only descriptive. ...

In re Nantucket, Inc
Brief

CitationIn re Nantucket, Inc., 677 F.2d 95, 1982 CCPA LEXIS 147, 213 U.S.P.Q. (BNA) 889 (C.C.P.A. May 6, 1982) Brief Fact Summary. The Patent and Trademark Office (PTO) Appeal Board refused the mark NANTUCKET for men’s shirts on the grounds that it was “primarily geographically deceptively misdescriptive.†Synopsis of Rule of Law. A mark may be found geographically deceptively misdescriptive when there is a reasonable basis for believing that purchasers are likely to be deceived. ...

Zazu Designs v. L’Oreal, S.A.
Brief

CitationZAZU Designs v. L’Oreal S.A., 979 F.2d 499, 1992 U.S. App. LEXIS 28369, 24 U.S.P.Q.2D (BNA) 1828 (7th Cir. Ill. Nov. 2, 1992) Brief Fact Summary. L’Oreal, S.A. (Defendant) was sued under the Lanham Act for using a mark for its hair products that was already in use. Synopsis of Rule of Law. Only with active use are consumers allowed to associate a mark with specific goods and notify other firms that the mark is so associated. ...

Bonito Boats, Inc. v. Thunder Craft Boats, Inc
Brief

CitationSpecht v. Netscape Communs. Corp., 306 F.3d 17, 2002 U.S. App. LEXIS 20714, 48 U.C.C. Rep. Serv. 2d (Callaghan) 761 (2d Cir. N.Y. Oct. 1, 2002) Brief Fact Summary. Thunder Craft Boats, Inc. (Defendant) argued that Florida’s law prohibiting the duplication of unpatented boat hulls violated federal patent laws. Synopsis of Rule of Law. A state may not prohibit the duplication of unpatentable or unpatented articles. ...

Kewanee Oil Co. v. Bicron Corp
Brief

CitationKEWANEE v. BICRON, 416 U.S. 470, 94 S. Ct. 1879, 40 L. Ed. 2d 315, 1974 U.S. LEXIS 134, 181 U.S.P.Q. (BNA) 673, 69 Ohio Op. 2d 235 (U.S. May 13, 1974) Brief Fact Summary. Kewanee Oil Co. (Plaintiff) successfully sought an injunction against Bicron Corp. (Defendant) under state trade secret law but was reversed on appeal. Synopsis of Rule of Law. Federal patent law does not preempt state trade secret protection. ...

eBay, Inc. v. Bidder’s Edge, Inc
Brief

CitationEbay, Inc. v. Bidder’s Edge, Inc., 100 F. Supp. 2d 1058, 2000 U.S. Dist. LEXIS 7287, 54 U.S.P.Q.2D (BNA) 1798 (N.D. Cal. May 23, 2000) Brief Fact Summary. eBay, Inc. (Plaintiff) sought a preliminary injunction enjoining Bidder’s Edge, Inc. (Defendant) for trespass against eBay’s (Plaintiff) online trading site. Synopsis of Rule of Law. A preliminary injunction may be granted in order to prevent an increase in the complained-of activity when a likelihood of harm is presented by the increase. ...

Sega Enterprises Ltd. v. Accolade, Inc.
Brief

CitationSega Enters. v. Accolade, Inc., 977 F.2d 1510, 1992 U.S. App. LEXIS 26645, 24 U.S.P.Q.2D (BNA) 1561, Copy. L. Rep. (CCH) P27,001, 92 Cal. Daily Op. Service 8612, 2 Daily Journal DAR 14275 (9th Cir. Cal. Oct. 20, 1992) Brief Fact Summary. Accolade, Inc. (Defendant) copied and then disassembled Sega Enterprises Ltd.’s (Sega’s) (Plaintiff) video game programs in order to discover the requirements for compatibility with Plaintiff’s console. Synopsis of Rule of Law. Disassembly of a copyrighted object code is a fair use of the material if it is the only way to access unc ...

White v. Samsung Electronics America, Inc
Brief

CitationWhite v. Samsung Elecs. Am., Inc., 989 F.2d 1512, 1993 U.S. App. LEXIS 4928, 26 U.S.P.Q.2D (BNA) 1362, 93 Cal. Daily Op. Service 1933, 93 Daily Journal DAR 3477, 21 Media L. Rep. 1330 (9th Cir. Mar. 18, 1993) Brief Fact Summary. Vanna White (Plaintiff), a well-known television personality, argued that an advertisement by Samsung Electronics America, Inc. (Defendant) had usurped her right of publicity, even though her likeness had not been incorporated in the advertisement. Synopsis of Rule of Law. A person’s right of publicity may be usurped even if the offending use did not i ...

Midler v. Ford Motor Co
Brief

CitationMidler v. Ford Motor Co., 849 F.2d 460, 1988 U.S. App. LEXIS 8424, 7 U.S.P.Q.2D (BNA) 1398, Copy. L. Rep. (CCH) P26,313, 15 Media L. Rep. 1620 (9th Cir. Cal. June 22, 1988) Brief Fact Summary. Young & Rubicam, Ford Motor Co.’s (Ford) (Defendant) ad agency, could not get Bette Midler (Plaintiff) to re-create her 1970s hit Do You Want to Dance for its television commercial for Ford (Defendant), so it hired a former Plaintiff backup singer to impersonate her voice. Synopsis of Rule of Law. Under California law, intentional imitation of a celebrity’s distinctive and w ...

Blanch v. Koons
Brief

CitationBlanch v. Koons, 467 F.3d 244, 2006 U.S. App. LEXIS 26786, 80 U.S.P.Q.2D (BNA) 1545, Copy. L. Rep. (CCH) P29,269 (2d Cir. N.Y. Oct. 26, 2006) Brief Fact Summary. Blanch (Plaintiff), a professional photographer, argued that a well-known artist named Koons (Defendant) infringed her copyright in an ad image, a part of which Defendant adapted and used in a commissioned collage painting.   Synopsis of Rule of Law.An artist’s appropriation of a copyrighted image in a collage painting is a protected “fair use” under the copyright law where the other statutory f ...

Bill Graham Archives v. Dorling Kindersley Ltd.
Brief

CitationBill Graham Archives v. Dorling Kindersley Ltd., 448 F.3d 605, 2006 U.S. App. LEXIS 11593, 78 U.S.P.Q.2D (BNA) 1764, Copy. L. Rep. (CCH) P29,179, 34 Media L. Rep. 1782 (2d Cir. N.Y. May 9, 2006) Brief Fact Summary. Bill Graham Archives, LLC (Plaintiff) owned the copyright in images on Grateful Dead event posters and tickets, and contended that Dorling Kindersley Ltd. (Defendant) infringed its copyright by publishing seven of the images in reduced size in a book on the history of the Grateful Dead. Synopsis of Rule of Law. Under the copyright law, a book publisher’s appropriati ...

Nadel v. Play-by-Play Toys & Novelties, Inc
Brief

CitationNadel v. Play-By-Play Toys & Novelties, Inc., 208 F.3d 368, 2000 U.S. App. LEXIS 5122, 54 U.S.P.Q.2D (BNA) 1810 (2d Cir. N.Y. Mar. 27, 2000) Brief Fact Summary. Nadel (Plaintiff), a toy idea person, sued Play-by-Play Toys & Novelties, Inc. (Defendant), a toy manufacturer, for taking its toy idea without paying compensation. Synopsis of Rule of Law. Showing genuine novelty or invention can sustain claims for breach of contract, quasi-contract, and unfair competition. ...

ProCD, Inc. v. Zeidenberg
Brief

CitationProCD, Inc. v. Zeidenberg, 86 F.3d 1447, 1996 U.S. App. LEXIS 14951, 39 U.S.P.Q.2D (BNA) 1161, Copy. L. Rep. (CCH) P27,529, 29 U.C.C. Rep. Serv. 2d (Callaghan) 1109 (7th Cir. Wis. June 20, 1996) Brief Fact Summary. ProCD, Inc. (Plaintiff) sued Zeidenberg (Defendant) for violation of a shrink-wrapped license included inside its CD-ROM database. Synopsis of Rule of Law. Shrink-wrap licenses are enforceable unless their terms are objectionable on grounds that apply to contracts in general. ...

International News Service v. Associated Press
Brief

CitationInt’l News Serv. v. AP, 248 U.S. 215, 39 S. Ct. 68, 63 L. Ed. 211, 1918 U.S. LEXIS 1664, 2 A.L.R. 293 (U.S. Dec. 23, 1918) Brief Fact Summary. Associated Press (Plaintiff) sued International News Service (Defendant), a competing distributor of news to newspapers throughout the United States, for pirating Associated Press’s (Plaintiff) news. Synopsis of Rule of Law. One who has gathered news or general information for the purpose of publication has an interest that is entitled to protection from interference. ...

American Geophysical Union v. Texaco Inc.
Brief

CitationAm. Geophysical Union v. Texaco Inc., 60 F.3d 913, 1994 U.S. App. LEXIS 40786, 35 U.S.P.Q.2D (BNA) 1513, Copy. L. Rep. (CCH) P27,417, 144 A.L.R. Fed. 745 (2d Cir. N.Y. Oct. 28, 1994) Brief Fact Summary. Texaco, Inc. (Defendant) claimed it did not infringe a copyright by unauthorized photocopying of scholarly articles as it was a fair use. Synopsis of Rule of Law. The photocopying of copyrighted material to convert scholarly articles into a useful format is not a transformative use of the material and therefore not a fair use. ...

Big O Tire Dealers, Inc. v. The Goodyear Tire & Rubber Company
Brief

CitationBig O Tire Dealers, Inc. v. Goodyear Tire & Rubber Co., 561 F.2d 1365, 1977 U.S. App. LEXIS 11703, 195 U.S.P.Q. (BNA) 417 (10th Cir. Colo. Sept. 2, 1977) Brief Fact Summary. Reverse confusion was claimed not to be actionable if Goodyear Tire & Rubber Company’s (Defendant) second use of Big O Tire Dealers, Inc.’s (Plaintiff) trademark only created likelihood of confusion concerning the source of Plaintiff’s “Big Foot†tires. Synopsis of Rule of Law. The second use of a trademark is actionable if it simply creates a likelihood o ...

Lindy Pen Company, Inc. v. Big Pen Corporation
Brief

CitationLindy Pen Co. v. Bic Pen Corp., 982 F.2d 1400, 1993 U.S. App. LEXIS 345, 25 U.S.P.Q.2D (BNA) 1570, 93 Cal. Daily Op. Service 309, 93 Daily Journal DAR 673 (9th Cir. Cal. Jan. 14, 1993) Brief Fact Summary. Lindy Pen Company, Inc. (Liny) (Plaintiff) brought suit against Bic Pen Corporation (Bic) (Defendant) claiming trademark infringement, breach of contract, unfair competition, and trademark dilution; an accounting was ordered by the Ninth Circuit. Synopsis of Rule of Law. In those cases where infringement yields financial rewards, an accounting of profits will be ordered so as to pre ...