On-Line Careline, Inc. appeals from two decisions of the U.S. Patent and Trademark Office Trademark Trial and Appeal Board ("TTAB"). First, On-Line Careline appeals from the March 23, 1999 decision of the TTAB sustaining an opposition by America Online, Inc. ("AOL") against On-Line Careline’s service mark based on a finding of likelihood of confusion. CompuServe, Inc. v. Online Careline, Inc

In this case brought under the Lanham Act for infringement of the Dial One trademark in New Orleans, judgment was for plaintiffs with an award of actual damages. Defendants challenge the standard used in applying the innocent infringer defense and the award of damages. Plaintiffs cross appeal the decision to exclude evidence of loss of goodwill to the Dial One mark. We find no reversible error and

The Pascouets brought nuisance and invasion-of-privacy claims after GTE Mobilnet of South Texas Limited Partnership erected a 126-foot cellular phone tower 20 feet from their Bunker Hill back yard. We examine whether the Federal Telecommunications Act of 1996 preempts the Pascouets’ claims; we also review the jury’s findings against GTE and its assessment of nearly one million doll

Defendant/Appellant AT&T Communications, Inc. (AT&T) seeks review of the trial court's order granting judgment to Plaintiff/Appellee Bob Brice (Brice) in his small claims action seeking relief under the Oklahoma Consumer Protection Act (OCPA), 15 O.S. §§751, et seq. In this appeal, AT&T challenges the trial court's judgment as affected by error of both law and fact. Having reviewed the record and

Before the Court are Special Motions to Strike brought by Defendant Barry King aka BDAMAN609 ("King") and Defendant Reader aka ELECTRICK_MAN's ("Reader"). King and Reader filed two separate motions; because they raise the identical legal arguments based on similar facts, the motions will be considered together. The Court deems this matter appropriate for decision without oral argument. See Fed. R.

Title VII of the Civil Rights Act of 1964 forbids an employer from "discriminating against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, or national origin." 42 U.S.C. s 2000e- 2(a)(1). Marshall Freedman contends that MCI Telecommunications violated that prohibition by discriminati

Intellectual Property - Wrongful Republication of DeCSS for DVD - Petitioner Matthew Pavlovich petitions for a writ of mandate to compel the trial court to quash service of process.

We deny the petition.

Kanebridge Corporation ("Kanebridge") appeals the District Court's order granting a preliminary injunction in favor of Southco, Inc. ("Southco"). Because wefind that Southco's part numbers are not entitled to copyright protection, we reverse the District Court's order.

I.

Southco manufactures various types of captive screw fasteners, devices used in assembling the panels of items

This is an appeal from a judgment entered on a jury verdict for the plaintiff, Rodger Nelson Smith ("Smith"), in a products liability action against Louisville Ladder Corp. ("Louisville"). Following a four day trial, the jury found in favor of Smith, and, after taking Smith's 15% contributory negligence into account, awarded Smith $1,487,500. We conclude that the record evidence does not support a

In this appeal, the primary issue is whether US WATS improperly denied Mark Scully the right to exercise his stock option following his wrongful termination, and, if so, whether the District Court, in awarding damages, improperly failed to apply a discount from market value to account for the option shares' lack of marketability. In May 1995, US WATS, Inc., a Pennsylvania based telecommunic

. On November 4, 1998, Freedom From Religion Foundation, Inc., a national organization whose purpose is to protect the fundamental constitutional principle of separation of church and state, and individual plaintiffs Anne Gaylor, Annie Laurie Gaylor, and Dan Barker (collectively, the "Plaintiffs") initiated this action. Pursuant to 42 U.S.C. sec. 1983, Plaintiffs challenged the constituti

Anti-Trust and 1996 Telecommunications Act Claims by CalTech International Telecom Corp against Pacific Bell, a unit of SBC Communications, Inc. in which CalTech alleged that Pac Bell prevented it from entering the local telephone market. The 1996 Telecommunication Act required local exchange telephone companies to all other companies seeking to provide local phone service to use the lines to bus

Employment - Conversion - Breach of Loyalty - Bill Crick was hired as the used car sales manager for Condon Auto in March 1995. Crick had previously worked for other car dealerships in Sioux City, including Wisner's Auto World, Inc., and was employed by a dealership in Kentucky just prior to his employment with Condon Auto.

Lechman & Johnson, Inc. a telecommunications technical consulting firm that performs engineering tasks for clients in the broadcast industry, particularly with regard to matters before the Federal Communications Commission. The firm used several computers in its business operations, none of which were tied into any central network. In June 1992, the Firm decided to place its individual computers o

Telecommunications - Nuisance - Covenants - Michael and Judith Smith, as well as all of the plaintiffs, are property owners on West Mountain in Washington County. Defendant, Southwestern Bell Mobile Systems, Inc. (Bell), is a local cellular telecommunications service provider. Since 1965 the Smiths have leased their land for towers f

Breach of Contract - Telecommunication - Defendant leased telecommunications equipment from plaintiff pursuant to a lease agreement entered into on March 24, 1992. Defendant was apparently in arrears in its payments under the lease when the city of Detroit obtained a judgment against plaintiff for unpaid personal property taxes accrued for fiscal years 1989, 1990, and 1991. The city informed def

Securities fraud class action against four cable television systems which claimed that Telecommunications, Inc. and others manipulated a 1993 competitive auction of the cable systems.

Securities fraud class action by investors in four cable television systems who claimed that Telecommunications, Inc. and others manipulated a 1993 competitive auction of the cable systems.

Telecommunications patent infringement, breach of contract, mis-appropriation of trade secrets and tortious interference.

Telecommunications patent infringement, breach of contract, mis-appropriation of trade secrets and tortious interference.