* Custom Vehicles, Inc. v. Forest River, Inc.
* Synergetics, Inc. v. Hurst
* SEB S.A. v. Sunbeam Corp.
* Thompkins v. Lil' Joe Records, Inc.
* In re Bose Corp.
* Dippin' Dots, Inc. v. Mosey
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U.S. 7th Circuit Court of Appeals
Custom Vehicles, Inc. v. Forest River, Inc. (02/07/07 - No. 06-2009)
Summary judgment for defendant in a trademark infringement action involving names for vehicle product lines is affirmed where: 1) there was no evidence that plaintiff's descriptive mark had acquired secondary meaning; 2) registration of plaintiff's mark did not create a presumption of validity since the mark had not been sufficiently used in commerce; and 3) without secondary meaning, there was no likelihood of confusion as to the origin of the vehicles.
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U.S. 8th Circuit Court of Appeals
Synergetics, Inc. v. Hurst (02/05/07 - No. 06-1146)
In an action by a company against former employees for breach of contract, misappropriation of trade secrets, and related claims, a judgment for the company is affirmed over claims that the district court should have granted defendants': 1) motion in limine to exclude the testimony and reports of company's expert witness; 2) motion for summary judgment or motion for judgment as a matter of law; and 3) proposed judgment and motion for remittitur.
[To view the full-text of cases you must sign in to FindLaw.com.] http://caselaw.lp.findlaw.com/data2/circs/8th/061146p.pdf
U.S. 11th Circuit Court of Appeals
SEB S.A. v. Sunbeam Corp. (02/05/07 - No. 06-10157)
In case where jury held against defendants for breach of contract and part of judgment was reversed on appeal based on erroneous calculation of prejudgment interest, the determination that prejudgment interest ceased to accrue and postjudgment interest began to accrue on the date of original judgment is reversed as the date of the amended judgment marks the end of prejudgment and the start of postjudgment accural.
[To view the full-text of cases you must sign in to FindLaw.com.] http://caselaw.lp.findlaw.com/data2/circs/11th/0610157p.pdf
Thompkins v. Lil' Joe Records, Inc. (02/05/07 - No. 05-10143)
In case involving a rap artist who sold copyrights to works for future royalties to a recording company that went bankrupt, summary judgment for defendants who bought copyrights from bankrupt company is affirmed where plaintiff missed his chance through the bankruptcy to recover some of the royalty money he would have been owed by the bankrupt company.
[To view the full-text of cases you must sign in to FindLaw.com.] http://caselaw.lp.findlaw.com/data2/circs/11th/0510143p.pdf
U.S. Court of Appeals for the Federal Circuit
In re Bose Corp. (02/08/07 - No. 06-1173)
A decision denying Bose registration of a proposed speaker design as a trademark is affirmed where the Trademark Trial and Appeal Board correctly determined that Bose's appeal was barred by the doctrine of res judicata since: 1) the parties and marks were the same in both proceedings; and 2) the merits of a claim regarding the functionality of the design were previously determined. In addition, none of the alleged changed circumstances warranted barring application of res judicata.
[To view the full-text of cases you must sign in to FindLaw.com.] http://caselaw.lp.findlaw.com/data2/circs/fed/061173p.pdf
Dippin' Dots, Inc. v. Mosey (02/09/07 - No. 2005-1330, 2005-1582)
In a patent infringement and antitrust case dealing with the ice cream product, Dippin Dots, a judgment for defendants is affirmed in part as to findings of noninfringement, that all claims of the patent were obvious, and that the patent was unenforceable due to inequitable conduct during prosecution. However, the judgment is reversed in part as to a finding that plaintiff violated antitrust laws where there was insufficient evidence that the patent that had been procured through fraud on the Patent Office.
[To view the full-text of cases you must sign in to FindLaw.com.] http://caselaw.lp.findlaw.com/data2/circs/fed/051330p.pdf
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