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The first federal case to consider directly the intersection of copyright and trade dress rights arose from a dispute over the use of revealing photographs of a young Marilyn Monroe on labels of red wine. The case, <i>Nova Wines, Inc. d/b/a/ Marilyn Wines v. Adler Fels Winery LLC</i>, out of the Northern District of California, was decided on a preliminary injunction motion and involved two commercial wine merchants intent on capitalizing on Monroe's enduring marketability.
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Recent rulings of importance to you and your practice.
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Can a Notice of Opposition in the U.S. Patent and Trademark Office Trademark Trial and Appeal Board give rise to an actual controversy under the Declaratory Judgment Act to support a trademark Applicant's federal declaratory judgment action against the Opposer? Generally, it can't ' or more accurately, it doesn't. But in <i>Neilmed Products, Inc. v. Med-Systems, Inc.</i>, the Northern District of California found that the Notice of Opposition pleaded detailed factors relevant to liability for trademark infringement and dilution.
The U.S. Court of Appeals for the Federal Circuit recently addressed the jurisdictional reach of U.S. courts to adjudicate patent disputes involving foreign patents. In <i>Voda v. Cordis</i>, a split panel held that even if the district court had the authority to exercise supplemental jurisdiction over the foreign patent claims, the district court abused its discretion by exercising that authority. The court's opinion rests largely on comity and judicial economy considerations.
Everything contained in this issue, in an easy-to-read list.
The First Department's recent decision in <i>Pultz v. Economakis</i>, N.Y.L.J., Feb. 22, 2007, at 18, col. 1, has garnered a remarkable amount of press coverage for what is a fundamentally unremarkable case. The decision primarily stands for the humble proposition that a court must interpret a statute in accordance with its clear and unambiguous language. Nevertheless, the First Department's steadfast defense of an owner's right to recover one of more apartments for his or her own personal use merits further analysis.
Highlights of the latest equipment leasing news from around the country.
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The U.S. Bankruptcy Court for the Eastern District of Pennsylvania recently issued one of the first decisions in the Third U.S. Circuit Court of Appeals to interpret '503(b)(9), an important new Bankruptcy Code provision passed under the Bankruptcy Abuse Prevention and Consumer Protection Act: <i>In re Bookbinders' Restaurant Inc.</i> '503(b)(9) is certain to impact the relationship between a debtor seeking to reorganize and the trade vendors that deal with it.