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No Doubt v. Activision Publishing Inc., No. B223996

In a suit brought by rock band No Doubt against the videogame publisher Activision based on Activision's release of the Band Hero videogame featuring computer-generated images of the members of No Doubt, the trial court denial of motion to strike under Code of Civil Procedure section 425.16 is affirmed where: 1) No Doubt's right of publicity claim is not barred by the First Amendment; and 2) No Doubt need not demonstrate that Activision used the likenesses of the band members in an "explicitly misleading" way in order to prevail on its unfair competition claim.

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ABB, Inc. v. Cooper Indus. LLC, No. 2010-1227

In a declaratory judgment action seeking a declaration of noninfringement as to the claims of several of defendants' patents that involve electrical equipment containing dielectric, the district court's dismissal for lack of subject matter jurisdiction and determination that the case did not arise under the patent laws is reversed where the declaratory judgment action did arise under the patent laws, and that jurisdiction was conferred by 28 U.S.C. section 1338.

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Lahoti v. Vericheck, Inc., No. 10-35388

In a trademark and cyberlaw case, the district court's finding on remand, that appellant violated the Lanham Act, the Anticybersquatting Consumer Protection Act (ACPA), the Washington Consumer Protection Act (WCPA), and Washington common law, is affirmed where the district court followed this court's instructions in finding that defendant Vericheck, Inc.'s VERICHECK mark is suggestive, and thus entitled to trademark protection.

Download David Lahoti v. Vericheck Inc.

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Levi Strauss & Co. v. Abercrombie & Fitch Trading Co., No. 09-16322

In a trademark dispute alleging Abercrombie & Fitch diluted Levi's protected "Arcuate" design in violation of the Trademark Dilution Revision Act of 2006 (TDRA), 15 U.S.C. section 1125(c), district court's finding of no dilution is reversed where the "identical or nearly identical" standard did not survive Congress's enactment of the TDRA and the district court's use of the incorrect standard was not harmless error.

Download Levi Strauss v. Abercrombie & Fitch

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Coca Cola's Secret Recipe Allegedly Revealed by Radio Program

Published February 15, 2011 | NewsCore

CHICAGO – A US radio station claims to have discovered the holy grail of soft drinks -- the secret recipe for Coca-Cola, news.com.au reported Tuesday.

The website for Chicago public radio show This American Life states it found a list of ingredients for Coca-Cola, a secret that has been closely guarded for more than a century, in a 40-year-old newspaper.

Full story.

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USA Keeps No. 1 Spot In International Patent Filings, Panasonic Leads Company Ranking

by Serkan Toto on February 10, 2011

Companies and institutions from the US filed 44,855 applications in 2010, down 1.7% from last year, but enough to keep the top spot among all companies for a second straight year, according to data released yesterday by the World Intellectual Property Organization.

Full story.

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Tokai Corp. v. Easton Enter., No. 2010-1057

In an infringement action concerning patents which relate to safety utility lighters having extended lighting rods (useful for lighting barbecue grills, for example), summary judgment of invalidity for obviousness of the patents is affirmed, as the district court correctly granted summary judgment of invalidity.

Download Tokai Corp. v. Easton Enter.

Please visit Gehrke & Associates, SC to learn more about how to enhance and defend your intellectual property.  Thank you.