Case Summaries
Intellectual Property
Intellectual Property
[12/18]
K & N Eng'g, Inc. v. Bulat
An election of an award of statutory damages for trademark counterfeiting under 15 U.S.C. section 1117(c) precludes an award of attorney's fees under 15 U.S.C. section 1117(b).
[12/17]
Welding Servs., Inc. v. Forman
In suit alleging infringement of service marks, summary judgment for defendants is affirmed over claim that there are triable issues of fact as to whether the companies' service marks are confusingly similar, whether there has been actual confusion about which company was designated by defendants' marks, and whether defendants intended to infringe on plaintiff's marks.
[12/13]
ITC Ltd. v. Punchgini, Inc.,
Addressing questions certified by U.S. Court of Appeals for the Second Circuit regarding common law claims for unfair competition, the Court of Appeals holds that New York recognizes common law unfair competition claims, but not the "famous" or "well-known" marks doctrine.
[12/13]
Cambridge Literary Props, Inc. v. W. Goebel Porzellanfabrik G.m.b.H. & Co. Kg.
In a copyright infringement action over defendants' use of images from a book in which plaintiff asserted a copyright interest, summary judgment for defendants is affirmed where plaintiff did not assert its ownership rights within the Copyright Act's statute of limitations period.
[12/05]
In re Garner
In patent interference proceedings related to an apparatus for catalyzing a reaction on a substrate, judgment against appellant for failure to make a prima facie showing of priority is affirmed over challenges to the U.S. PTO Board of Patent Appeals and Interferences' ruling on sufficiency and definition of "new evidence."
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