Robert G. Gurrola, Esq.: A Portrait in Professional Diversity

Legal Articles (on Westlaw®, a service of Thomson West)

• Seagal's "Out for Justice" wins summary judgment in N.Y. fed court.
• Windy City's "Eat Your Art Out" festival wins fed case over restaurant guidebook.
• Martial artist loses courtroom battle with "Mortal Kombat" game manufacturers.
• Adult card game manufacturer's false statement to PTO constituted evidence of publication under Copyright Act, N.Y. court rules.
• 6th Circuit: Transferred rights to copyright renewal term subject to state, not federal, law.
• Federal Circuit vacates U.S. discovery order in face of potential Swiss criminal violations for compliance.
• N.Y. federal court closes door on "Close Every Door" copyright case.
• Critics slam Clinton Administration copyright proposals at Geneva WIPO conference.
• "Cheesehead" hat-maker can't stand alone, Wisconsin court rules in issuing injunction.
• Calif. court rules Copyright Act preempts film actors' state right-to-publicity claim.
• Princeton University Press case spawns dissent in and out of court.
• Debate over int'l copyright proposals heats up in Geneva.
• U.S. info technology group proposes hi-tech copyright protection alternatives at Geneva WIPO meeting.
• Copyright Act doesn't preempt abuse of process claim, PA court rules.
• Writers' groups voice opposition to Princeton Press case.
• U.S. Internet Council to debut Dec. 10 in Washington, D.C..
• False statements to Copyright Office not a crime if made before 1996, district court rules.
• Trademark, copyright laws don't protect ideas, district court reminds in Int'l Basketball case.
• Mass. federal court declines to enjoin leadership training materials created orally.
• Heavy metal loses round to rap in Ill. "battle of the bands" trademark case.
• Federal court rules that domain name "squatting" violates California and federal dilution laws.
• 6th Circuit rules commercial photocopying of student coursepacks is not a "Fair Use" under the Copyright Act.
• New guide offers parenting info, tips for children who use the Internet.
• New York-based "Les Ballets Trockadero" wins injunction against competitor's use of name.
• No 1st Amendment right to send junk email, says U.S. court; AOL can block cyber promo's ads.
• Recent "advertising injury" cases involving insurers' duty to defend IP claims yield mixed results.
• Tax court, IRS may examine author's literary works free of copyright infringement to determine proper deductions.
• With salutation "Welcome to cyberspace!" court bars cyber-squatter from using trademark as domain name.
• Florida U.S. District Court strikes presumption of irreparable harm in trademark cases.
• N.J. court says business took "poetic license" with background music license.
• 9th Circuit: First sale doctrine doesn't bar copyright infringement claim where goods exported, later imported to U.S. without authorization.
• 2nd Circuit: Ignorance of legal status of a competitor's license doesn't always excuse delay in seeking copyright injunction.
• PTO solicits comments to WIPO draft copyright treaties.
• N.Y. court finds no joint creation for mere suggestions of color or trim in sweater case.
• PA court finds seller's "innocent purchaser" defense against infringing light bulbs unenlightening.
• Supreme Court hears arguments on scope of patent law's "Doctrine of Equivalents."
• 9th Circuit: No need for written or express authorization to import goods under Copyright Act where authority is otherwise implied.
• Conn. court rules commercial insurance policy's "advertising injury" doesn't cover patent rights.
• S.D.N.Y. enjoins municipal bond broker from distributing allegedly "cloned" trading software.
• S.D.N.Y. rules TV show's "fleeting" use of quilt poster a Fair Use.
• "Cinderella" case turns into a pumpkin for author in N.Y. court.
• California court exercises personal jurisdiction over Illinois resident who held Internet domain names for ransom.
• Marketer's radio promo brochures lacked originality, protectable elements under Copyright Act, 1st Circuit rules.
• 2nd Circuit rules Copyright Act's compulsory phonorecord licenses don't provide the right to publish underlying song lyrics.
• Texas court tees off on "Tour 18" replica golf course; owner liable for Lanham Act violations, state law dilution claims.
• Citing evidence of "bad faith," district court won't enjoin manufacturer of clothing bearing photos, signature of John Lennon.
• S.D.N.Y. rules Copyright Act fee request should bear "reasonable relationship" to amount prevailing party "realistically may hope to recover."
• CAFC declines review of appeal from order denying preliminary injunction request that never was made.
• Producer of Ali film KO'd in N.Y. court; TV documentary's use of film's clips rule a "Fair Use."
• Parody baseball cards don't infringe ballplayers' right of publicity, 10th Circuit rules.
• CAFC narrowly rejects key blank's "ornamental" design; creates "exception" to design patent subject matter, dissent warns.
• 9th Circuit rules general commercial liability insurance policy covered trade secret misappropriation claims.
• 9th Circuit: Courts need not find any culpability on the part of the plaintiff in order to award attorney fees to a Copyright Act defendant.
• 4th Circuit: Mere withholding of copyrighted material not infringement.
• A questionable "receipt" failed to satisfy the Copyright Act's Sec. 205(e) requirement of a "written instrument," S.D.N.Y. rules.
• CAFC: Assignment agreement in corporate minutes insufficient to establish statutory written assignment of intellectual property.
• CAFC overrules district court's "plain meaning" claim construction in Cryo-Trans railcar case, draws sharp dissent.
• Court denies return of property seized from BBS operator during FBI probe into software bartering.
• S.D.N.Y. rules legacy licensing agreements may be subject to future technologies.
• 2nd Circuit finds three-year limitations period applicable to co-ownership claims under Copyright Act.
• 11th Circuit rejects U. of Florida's Lanham Act case against study-guide publisher.
• CAFC rules extrinsic evidence may not vary or contradict unambiguous patent claims.
• U.S. House: Medical process patents amendment troubles biotech industry.
• CAFC affirms TI's loss of $51.8 million verdict in patent case against rival chip makers.
• Internet providers keeping anxious watch on E-data case.
• 6th Circuit finds personal jurisdiction in Ohio for Texas software provider on Compuserve.
• S.D.N.Y. affirms shut-down of U.S. access to "Playmen" Italian Internet site.
• 9th Circuit rules federal rather than state law governs assignability of nonexclusive patent licenses in bankruptcy cases.
• District court rules for trademark owner in Internet domain name dispute.
• 8th Circuit: Parties retain right to jury trial in copyright infringement suit.
• 2nd Circuit affirms finding that Autodesk misappropriated Vermont Microsystems' trade secrets, questions $25.5 million damage award.
• 7th Circuit rules no copyright protection for recipes in cookbook registered as compilation.
• S.D.N.Y. orders Italian men's magazine to shut down U.S. access to Internet site.
• Disputes heating up over Internet domain names.
• Software shrinkwrap licenses are enforceable, 7th Circuit rules.
• Trade secret claims not preempted by Copyright Act, S.D.N.Y. rules.
• 8th Circuit rules Lanham Act doesn't apply to U.S. Government.
• CAFC vacates $10 million award in shoe fastener patent case.
• Intellectual Property: Sources of Information.
• Children's author loses case against " Jurassic Park" book, movie.
• "Bambi" not frolicking in public domain, 9th Circuit rules - against Disney.
• S.D.N.Y. uses Markman ruling to declare software infringement "filtration" analysis a matter of law.
• S.D.N.Y. finds arbitrators "manifestly disregarded" law, overrules award in patent licensing case.
• Fed Circuit denies protection to intermediate chemical compounds in Lilly antibiotics case.
• Patent re-exams must be based on new issues, CAFC says.
• Inventor who acknowledged employer's role in invention development isn't the owner for patent purposes, CAFC rules.
• Ex-vaudeville actress bombs in pro se appearances before N.Y. court.
• Judge's slap sticks contempt order on golf clothier for "Three Stooges" 'Net ad.
• "Leg Looks" hits snag: 4th Circuit says it's too similar to "L'eggs" in pantyhose trademark tangle.
• Rapper loses early round over copyright.
• Copyright claim can proceed.
• Footsie Wootsie case shuffles back to state court.
• Screenplays "Crossed Wires," "Passion Fish" not similar, 4th Circuit rules.