November 19, 2013
Westlaw Topical Highlights for Intellectual Property provides summaries of significant federal court decisions and legislative and administrative activities affecting Intellectual Property law. A Westlaw subscription is required to access the documents linked from this page.
Trade Dress: Plaintiffs involved in staging Titanic exhibition stated trade dress infringement claim under Lanham Act. Titanic, Inc. v. Exhibitions, Inc., 2013 WL 5675523 (N.D.Ga.) Florida corporations with their principal place of business in Georgia that were involved in the staging of a “Titanic” stated a plausible trade dress infringement claim under the Lanham Act against a former employee who staged his own exhibition in China. The corporations alleged that their protected trade dress included “the total image and overall appearance” of their exhibit, including the “size, shape, color or color combinations, lighting, design, texture, graphics, photographs, and narratives.” They also alleged that the former employee continued to market the competing exhibit in the United States, including on the internet, to various venues where the corporations also sought to operate, and marketed the competing exhibit in China on the internet to all corners of the world. 2013 WL 5675523. (The full-text of the rest of the Topical Highlights is available within Westlaw Next, subscription required).
Extraterritoriality: Lanham Act’s prohibition of trademark infringement could not be applied extraterritorially to a Canadian food retailer. Trader Joe’s Co. v. Hallatt 2013 WL 5492515 (W.D.Wash.)
Name or Likeness: Cracker Barrel restaurant chain was preliminarily enjoined from selling food products in grocery stores. Kraft Foods Group Brands LLC v. Cracker Barrel Old Country Store, Inc. 2013 WL 6017396 (C.A.7 (Ill.))
Dilution: Retailer of coffee products failed to prove that competitor’s use of accused marks was likely to dilute retailer’s marks. Starbucks Corp. v. Wolfe’s Borough Coffee, Inc. 2013 WL 6037227 (C.A.2 (N.Y.))
Computers and Electronics: Patent did not cover systems that practiced wormhole routing only some of the time. T.M. Patents, L.P. v. Cisco Systems, Inc. 2013 WL 6019290 (D.Mass.)
Inequitable Conduct: Fact issues precluded summary judgment on issue of inequitable conduct. Ohio Willow Wood Co. v. Alps South, LLC 2013 WL 6037196 (C.A.Fed. (Ohio))
Limitations: Infringement claim accrued when government made substantially completed prototype of allegedly infringing system available. Unitrac, LLC v. United States 2013 WL 5665233 (Fed.Cl.)
Books and Publishing: Internet search engine operator engaged in fair use in digitally reproducing millions of books. Authors Guild, Inc. v. Google Inc. 2013 WL 6017130 (S.D.N.Y.)