by Jeff Pietsch

Earlier this month, the Tenth Circuit court upheld a preliminary injunction granted in favor of a manufacturer of electronics equipment against a reseller of its goods in a trademark infringement action. (Beltronics v. Midwest Inventory Distribution (10th Cir. April 9, 2009)). The reseller argued that it was able to resell the manufacturer’s goods online based on the first sale doctrine. The court, however, disagreed with this assessment and ruled that the resellers violated the manufacturer’s trademark rights because Midwest’s actions caused consumer confusion.

 

Continue Reading When Product Resales Constitute Trademark Infringement

by W. Scott Cameron

Most everyone knows that federal copyright laws protect an author’s expression of an idea. When someone infringes a protected work, either by copying or distributing it without permission, the copyright owner is generally entitled to damages. In Dream Games of Arizona v. PC Onsite, — F.3d — (April 2, 2009), the Ninth Circuit addressed a question of first impression in the circuit: Whether illegal use or operation of a work by the copyright owner precludes the award of actual or statutory damages for copyright infringement. 

Continue Reading A Dream Case: Statutory Damages for Infringement of Illegal Bingo Gambling

By Audrey Millemann

In Tokyo Keiso Company, v. SMC Corporation, 2009 WL 59769 (Fed. Cir. 2009)the Federal Circuit has again relied on the Supreme Court’s decision in KSR in invalidating a patent for obviousness.

The plaintiff, Tokyo Keiso, is the owner of a patent that covers a volume flow meter that measures the volume of a fluid flowing through a pipe or measuring line. The patent describes the prior art devices as having two measuring heads, one on each end of the measuring line, and using an acoustic signal transmitted through the metal measuring line. The problem with the prior art devices was that the sound travelled faster through the metal than through the fluid, resulting in inaccurate measurements. The invention in Tokyo Keiso’s patent used a measuring line made of plastic, instead of metal, which caused the acoustic signal to travel more slowly through the plastic than the fluid and made the flow meter more accurate. 

Continue Reading Federal Circuit Relies on KSR (Again)

By Dale C. Campbell

Most states have adopted some form of the Uniform Trade Secret Act (the “UTSA”). The USTA provides that “actual or threatened misappropriation may be enjoined.” (See Cal. Civ. Code § 3426.2(a).) However, neither the UTSA nor California’s version of the USTA defines the term “threatened” misappropriation. Unlike other areas of intellectual property law, the protectability of trade secrets is defined by state law. Despite almost nationwide adoption of the USTA, state law differs greatly concerning which acts may be enjoined as “threatened” misappropriations.

 

Continue Reading Threatened Misappropriation of Trade Secrets vs. Inevitable Disclosure Doctrine–When Is the Line Crossed?

By Zachary Wadlé

The widely popular Guitar Hero videogame series created by Activision Publishing, Inc. allows players to emulate their favorite rock guitarists, without requiring any actual guitar playing skill. However, this virtual reality was endangered last year by a threatened patent infringement lawsuit by guitar company, Gibson, longtime maker of iconic rock guitars such as the Gibson “Les Paul,” “SG,” “ES-335,” and “Flying V,” to name a few.

 In January 2008, Gibson sent a letter to Activision, claiming that Guitar Hero infringed upon Gibson’s registered U.S. Patent No. 5,990,405 (the “‘405 Patent”). This patent covered "a system and method for generating and controlling a simulated musical concert experience." Gibson claimed that the Guitar Hero game controllers – miniature plastic replicas of Gibson guitars with no strings, and four buttons on the fret-board – infringed upon Gibson’s patent and required Activision to obtain a license from Gibson, or else halt sales of any version of the Guitar Hero game and controllers.    

Continue Reading Keep On Rockin’ In The Virtual World–Guitar Hero Videogame Does Not Infringe Gibson Guitar’s Patent