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September 2006
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November 2006

Gen. Motors Corp. v. Lanard Toys, Inc.

The district court, in a trademark and trade dress infringement suit filed against Lanard Toys by General Motors Corporation, granted summary judgment for General Motors on its claims while denying Lanard’s motion for summary judgment based on the affirmative defenses... Read more →

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Go Med. Indus. Pty, Ltd. v. Inmed Corp.

Go Medical Industries, Pty., Ltd. and Dr. Alexander G.B. O'Neil (collectively "Go") appeal from a final judgment of the United States District Court for the Northern District of Georgia. Go challenges orders (1) granting its motion for summary judgment of... Read more →

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In the Matter of Mechanical and Digital Phonorecord Delivery Rate Adjustment Proceeding

Decison of the U.S. Copyright Office In sum, and as stated more fully below, we believe that ringtones (including monophonic and polyphonic ringtones, as well as mastertones) qualify as digital phonorecord deliveries (“DPDs”) as defined in 17 U.S.C. § 115.... Read more →

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Mid-State Aftermarket Body Parts, Inc. v. MQVP, Inc.

This is a trademark infringement dispute between the owner of a registered service mark, MQVP, Inc., and an alleged infringer, Mid-State Aftermarket Body Parts, Inc. MQVP appeals the district court’s grant of summary judgment dismissing Lanham Act claims of infringement... Read more →

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Medrad, Inc. v. Tyco Healthcare Group LP

Medrad, Inc. appeals from a final judgment granting the motion of Tyco Healthcare Group LP, Mallinckrodt Inc., Liebel-Flarsheim Co., and Nemoto Kyorindo Co., Ltd. (collectively “Tyco”) for summary judgment of invalidity of U.S. Reissue Patent No. 37,602 (’602 reissue patent).... Read more →

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Red Carpet Studios Div. of Source Advantage, Ltd. v. Sater

This appeal arises out of litigation between Sater and Red Carpet for copyright violations. Sater sued Red Carpet for copying his designs for wind sculptures, and the parties entered into a settlement agreement. Sater then learned that Red Carpet potentially... Read more →

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Tillamook Country Smoker, Inc. v. Tillamook County Creamery Ass'n

The Tillamook County Creamery Association, the maker of the Tillamook brand of cheese for nearly a hundred years, has a beef with a company called Tillamook Country Smoker, a purveyor of smoked meats and jerky. In 1976, Tillamook Country Smoker... Read more →

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Figueroa v. US

This is a suit for a refund of patent fees alleged to have been unlawfully exacted. The appellant, Miguel Figueroa (“Figueroa”), contends that the statutory patent fees imposed on him in 2001 and 2002 for filing his patent application and... Read more →

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New Amendments to the Federal Trademark Dilution Law

In response to the 2003 U.S. Supreme Court decision of Moseley v. Victoria's Secret, amendments to the Federal Trademark Act have been signed into law. The amendments are designed to offer additional protection for "famous marks" against dilution. The amendments... Read more →

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Dystar Textilfarben GMBH & Co. Deutschland KG v. C.H. Patrick, Co.

DyStar Textilfarben GmbH & Co. Deutschland KG ("DyStar") sued defendants C.H. Patrick Co. and Bann Quimica Ltda. (collectively, "Bann") in the United States District Court for the District of South Carolina, alleging direct, contributory, and induced infringement of U.S. Patent... Read more →

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