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Intellectual Property

Trademark and Copyright Cases on Lexis.com for the Month of February 2010

Trademark Cases

1. Office Depot, Inc. v. Zuccarini, No. 07-16788, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, 2010 U.S. App. LEXIS 4052, July 17, 2009, Argued and Submitted, San Francisco, California, February 26, 2010, Filed

CORE TERMS:  domain, registry, registrar, receiver, com, registered, levy, appointment of a receiver, rem jurisdiction, writ of execution ...

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2. B.A. Constr. & Mgmt. v. Knight Enters., Nos. 07-1491, 08-1581, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT,  10a0102n.06;, 2010 U.S. App. LEXIS 3109; 2010 FED App. 0102N (6th Cir.), February 17, 2010, Filed,  NOT RECOMMENDED FOR FULL-TEXT PUBLICATION. SIXTH CIRCUIT RULE 28 LIMITS CITATION TO SPECIFIC SITUATIONS. PLEASE SEE RULE 28 BEFORE CITING IN A PROCEEDING IN A COURT IN THE SIXTH CIRCUIT. IF CITED, A COPY MUST BE SERVED ON OTHER PARTIES AND THE COURT. THIS NOTICE IS TO BE PROMINENTLY DISPLAYED IF THIS DECISION IS REPRODUCED.

CORE TERMS:  fuel, signing bonus, gallon, summary judgment, exemplary damages, attorneys' fees, retail outlet, condition precedent, gasoline, dealer ...

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3. In re Mi Pueblo San Jose, Inc., 2009-1360, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2010 U.S. App. LEXIS 3029, February 17, 2010, Decided,  DECISION WITHOUT PUBLISHED OPINION

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4. Larin Corp. v. Mueller, No. 08-55625, No. 08-55790, No. 08-56191, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, 2010 U.S. App. LEXIS 2462, December 9, 2009, Argued and Submitted, Pasadena, California, February 5, 2010, Filed,  PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.

CORE TERMS:  trade dress, infringement, false advertising, discovery, judicial estoppel, summary judgment, pretrial, attorneys' fees, packaging, stools ...

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5. SEB S.A. v. Montgomery Ward & Co., 2009-1099, 2009-1108, 2009-1119, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2010 U.S. App. LEXIS 2454, February 5, 2010, Decided

CORE TERMS:  deep fryer, skirt, patent, infringement, pan, ring, plastic, inducement, temperature, modified ...

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6. Stoller v. Best Data Prods., 2010-1031, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2010 U.S. App. LEXIS 4354, February 5, 2010, Decided, February 5, 2010, Filed,  THIS DECISION WAS ISSUED AS UNPUBLISHED OR NONPRECEDENTIAL AND MAY NOT BE CITED AS PRECEDENT. PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.

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7. Pac. Sunwear of Cal., Inc. v. Kira Plastinina Style, Ltd., No. 09-55699, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, 2010 U.S. App. LEXIS 2137, December 7, 2009, Argued and Submitted, Pasadena, California, February 1, 2010, Filed,  PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.

CORE TERMS:  trademark, preliminary injunction, injunction, enjoining, legal standard, nontrademark

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8. Career Agents Network, Inc. v. careeragentsnetwork.biz, Case No. 09-CV-12269-DT, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN, SOUTHERN DIVISION, 2010 U.S. Dist. LEXIS 17263, February 26, 2010, Decided, February 26, 2010, Filed

CORE TERMS:  domain, website, trademark, site, Lanham Act, bad faith, internet, recruiting, summary judgment, consumer ...

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9. Montblanc-Simplo GMBH v. Colibri Corp., 07-CV-5422 (KAM)(RLM), UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK, 2010 U.S. Dist. LEXIS 17378, February 26, 2010, Decided, February 26, 2010, Filed

CORE TERMS:  recommendations, clear error, trade dress, injunction, modified, watches

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10. Flagstar Bank, FSB v. Freestar Bank, N.A., Case No. 08-1278, UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS, 2010 U.S. Dist. LEXIS 17494, February 26, 2010, Decided, February 26, 2010, Filed

CORE TERMS:  attorney's fees, infringement, discovery, good faith, oppressive, lawsuit, abuse of process, unreasonably, deliberate, registered ...

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Copyright Cases

1. Hofmann v. O'Brien, No. 09-1408, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, 2010 U.S. App. LEXIS 4070, January 27, 2010, Submitted, February 26, 2010, Decided,  PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.

CORE TERMS:  infringement, photograph, painting, actual damages, compensatory damages, new trial, non-economic, market value, jury instructions, economic damages ...

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2. Maverick Recording Co. v. Harper, No. 08-51194, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, 2010 U.S. App. LEXIS 3912, February 25, 2010, Filed

CORE TERMS:  audio, innocent, infringer, infringement, downloaded, infringed, summary judgment, statutory damages, file-sharing, music ...

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3. Gaylord v. United States, 2009-5044, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2010 U.S. App. LEXIS 3915, February 25, 2010, Decided

CORE TERMS:  stamp, memorial, fair use, soldier, photograph, copyrighted, sculpture, veteran, authorship, transformative ...

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4. Utopia Provider Sys. v. Pro-Med Clinical Sys., L.L.C., Nos. 09-11160, 09-11447, 09-12887, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, 2010 U.S. App. LEXIS 3280, February 19, 2010, Decided, February 19, 2010, Filed

CORE TERMS:  template, convey information, license agreement, blank, patient, copyrightable, contract claims, law claims, supplemental jurisdiction, royalty ...

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5. Kleinman v. City of San Marcos, No. 08-50960, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, 2010 U.S. App. LEXIS 2761, February 10, 2010, Filed

CORE TERMS:  ordinance, junked, car-planter, expressive, planet, municipal, planter, intermediate, display, visible ...

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6. Siler v. United States, 2009-5130, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2010 U.S. App. LEXIS 2167, February 2, 2010, Decided,  THIS DECISION WAS ISSUED AS UNPUBLISHED OR NONPRECEDENTIAL AND MAY NOT BE CITED AS PRECEDENT. PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.

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7. Nova Design Build, Inc. v. Grace Hotels, LLC, No. 08 C 2855, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION, 2010 U.S. Dist. LEXIS 17441, February 26, 2010, Decided, February 26, 2010, Filed

CORE TERMS:  drawings, summary judgment, reconstruction, counterclaim, deposit, copyright infringement, law claims, original works, deposit copy, registration ...

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8. Johnson v. Hill, No. 08 C 7264, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION, 2010 U.S. Dist. LEXIS 18354, February 26, 2010, Decided, February 26, 2010, Filed

CORE TERMS:  summary judgment, res judicata, claim preclusion, final judgment, discovery, song, state-law, statute of limitations, copyright infringement, infringement ...

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9. Lenz v. Universal Music Corp., Case Number C 07-3783 JF, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION, 2010 U.S. Dist. LEXIS 16899, February 25, 2010, Decided, February 25, 2010, Filed

CORE TERMS:  misrepresentation, bad faith, video, affirmative defenses, unclean hands, notice, takedown, provider's, viewing, summary judgment ...

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10. Microcheck Sys., Inc. v. Nunez, CIVIL ACTION NO. H-09-3567, UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS, HOUSTON DIVISION, 2010 U.S. Dist. LEXIS 16483, February 24, 2010, Decided, February 24, 2010, Filed

CORE TERMS:  registration, Copyright Act, copyright infringement, subject matter jurisdiction, state law claims, infringement, technology, misappropriated, supplemental, proprietary ...

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