Intellectual Property News and Reports

Welding Services, Inc. appeals from the district court's entry of summary judgment against it on its claim that Welding Technologies, Inc., its General Manager, Terry Forman, and its Vice President, Robert Henson, infringed Welding Services' service marks in violation of... Read more →

In this case we are asked to decide whether an award of statutory damages for trademark counterfeiting under 15 U.S.C. § 1117(c) precludes an award of attorney’s fees under 15 U.S.C. § 1117(b). . . . Because an election to... Read more →

The district court entered summary judgment for defendants due to plaintiff's failure to meet the Copyright Act's three-year statute of limitations in this dispute over profits from the sale of Hummel figurines and images. Cambridge Literary Properties, Ltd. v. W.... Read more →

The portion of §1125 from which we have quoted was amended in October 2006 to use “the general public” as the benchmark. This change eliminated any possibility of “niche fame,” which some courts had recognized before the amendment. See Syndicate... Read more →

In this appeal, we consider a copyright owner’s efforts to stop an Internet search engine from facilitating access to infringing images. Perfect 10, Inc. sued Google Inc., for infringing Perfect 10’s copyrighted photographs of nude models, among other claims. Perfect... Read more →

Harold R. Garner (Garner) appeals the December 14, 2006, decision of the United States Patent and Trademark Office Board of Patent Appeals and Interferences (Board), awarding judgment against Garner for failure to make a prima facie showing of priority. Specifically,... Read more →

Elbex Video, Ltd. (Elbex) appeals from the grant of summary judgment in favor of Sensormatic Electronics Corp. (Sensormatic) by the United States District Court for the Southern District of New York. Elbex Video, Ltd. v. Sensormatic Elecs. Corp., No. 04-CIV-9530... Read more →

Tekky Toys won a jury verdict for $575,099.82 on its claim that Novelty, Inc., infringed Tekky’s copyright and trademark on “Pull My Finger Fred,” a farting plush doll; this court affirmed that judgment. See JCW Invs., Inc. v. Novelty, Inc.,... Read more →