The Mellor Law Firm, APLC

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Previously We Reported: Intellectual Property … The Devil’s In The “Related Search” Details.

December 7, 2015 by

Intellectual Property

Plaintiff is the manufacturer of high-end military style watches, known as MTM Special Ops watches. Defendant, retailer Amazon.com, does not sell these watches, but when a potential buyer inserts “MTM Special Ops” onto its website, a message will direct the person to related searches of “MTM special ops watch,” and show images of watches manufactured […]

Filed Under: Copyright Law News, Intellectual Property News, Legal News Tagged With: 116 U.S.P.Q.2D (BNA) 1583, 2015 U.S. App. LEXIS 18265, 792 F.3d 1070

Intellectual Property…The Devil’s In The “Related Search” Details.

September 14, 2015 by

likelihood of confusion

Plaintiff is the manufacturer of high-end military style watches, known as MTM Special Ops watches. Defendant, retailer Amazon.com, does not sell these watches, but when a potential buyer inserts “MTM Special Ops” onto its website, a message will direct the person to related searches of “MTM special ops watch,” and show images of watches manufactured […]

Filed Under: Intellectual Property News, Internet Law News, Legal News, Ninth Circuit Court of Appeal Law News, Trademark Law News Tagged With: 792 F.3d 1070

Patents Endow Their Holders With Certain Superpowers, But Only For A Limited Time. — Justice Kagan.

August 28, 2015 by

Patent

In 1990, an inventor obtained a patent for pressurized foam that can be shot in a way that mimics a spider’s string. Marvel Entertainment makes and markets products featuring Spider-Man, and Marvel began marketing a Web Blaster which shoots out foam, but without remunerating the inventor. Litigation for patent infringement ensured in 1997, and was […]

Filed Under: Intellectual Property News, Legal News, Patent Law News, U.S. Supreme Court Tagged With: 13 L.Ed.2d 99, 135 S.Ct. 2401, 192 L.Ed.2d 463, 379 U.S. 29, 85 S.Ct. 176

Lanham Act Violated In Intellectual Property Case.

June 8, 2015 by

Plaintiffs are the children of celebrity Bob Marley who formed an entity to exploit the assets, rights and commercial interests of the now deceased Marley. Defendants purchased photographs of Marley from a photographer and produced Bob Marley T-shirts which were sold by Target, Walmart and other retailers. Plaintiffs sued defendant, alleging four causes of action. […]

Filed Under: Advertising/Billboard Law News, Intellectual Property News, Legal News

No Duty To Defend In Disparagement Case.

August 14, 2014 by Leave a Comment

Duty To Defend

An insurance company denied patent and trademark liability coverage to a manufacturer of goods and services because the suit did not allege the company disparaged its competitor. The appellate court agreed with the insurance company that it had no duty to defend. The case was eventually heard in the California Supreme Court which held:  “We […]

Filed Under: California Supreme Court Law News, Insurance Law News, Intellectual Property News, Legal News, Patent Law News, Tort Law News, Trademark Law News

You Can Trust Me With Our Nondisclosure Agreement; Tell Me About Your Invention.

July 9, 2014 by Leave a Comment

nondisclosure agreement

During negotiations, which were the subject of a nondisclosure agreement, an inventor described the invention of “digital stamping technology” [DST]. After negotiations failed, the inventor discovered the other party to the negotiations had filed for patents encompassing its DST. After a court trial, the court awarded the inventor damages, prejudgment interest and attorney fees. On […]

Filed Under: Appellate Law News, Business Law News, Intellectual Property News, Legal News, Patent Law News

Rick’s Rights Under The First Amendment.

February 14, 2014 by Leave a Comment

Plaintiff Ricky Ross brought an action against defendant for misappropriating his name and identity. Plaintiff Ricky Ross first made a name for himself by selling cocaine; at the height of his operation, he sold as much as $3 million worth of cocaine a day. Meanwhile, defendant, a former correctional officer, used the stage name Rick Ross […]

Filed Under: Appellate Law News, Constitutional Law News, Criminal Law News, First Amendment Law News, Intellectual Property News, Legal News

Use Of Likeness Of College Athletes Not Protected By First Amendment.

September 12, 2013 by Leave a Comment

Likeness

Football players Samuel Keller, Edward O’Bannon, Jr., Byron Bishop, Michael Anderson, Danny Wimprine, Ishmael Thrower, Craig Newsome, Damien Rhodes and Samuel Jacobson brought a class action against a video game company asserting the company violated their right of publicity under Civil Code section 3344 and California common law. The video company moved to strike plaintiffs’ […]

Filed Under: Anti-SLAPP Law News, Business Law News, First Amendment Law News, Intellectual Property News, Legal News, Ninth Circuit Court of Appeal Law News, Privacy Law News

Writer Unable To Show ABC Had Access To His Ideas When It Created “LOST.”

April 30, 2013 by Leave a Comment

had access to his ideas

In 1977, plaintiff, a writer, submitted to ABC a script called “L.O.S.T.” about a group of eight survivors connected to the U.S. Olympic team whose plane crash-lands deep in the Himalayas. ” Five of the survivors are Olympic-bound athletes, one is the team physician, one is a television reporter, and one is the pilot. Among the […]

Filed Under: Appellate Law News, Entertainment Law News, Intellectual Property News, Legal News

Qui Tam Action For Insurance Fraud Not Subject To Motion To Strike Under Anti-Slapp Statute.

November 19, 2012 by Leave a Comment

An employee of a biotechnology company signed an agreement with his employer which provided that any invention conceived by him while at the company belonged to the company. While employed there, he invented a unique biotechnology process and started his own business to make a profit from his invention. The former employer and former employee […]

Filed Under: Anti-SLAPP Law News, Arbitration Law News, Business Law News, Contract Law News, Insurance Law News, Intellectual Property News, Legal News

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Recent News

What Is Commercial Litigation and How Does It Affect Your Business?

May 23, 2025 By Mark Mellor

Every business, regardless of its size or industry, faces unique challenges. Among these, legal disputes can often be the most daunting and disruptive. Commercial litigation, a specialized area of law, serves as a framework for resolving disputes arising from business … Read More...

Common Types of Real Estate Fraud

May 21, 2025 By Mark Mellor

Real estate transactions are some of the most significant financial decisions you’ll make in your lifetime. Unfortunately, the complexity of these deals creates opportunities for fraud. Whether you’re a buyer, seller, or investor, knowing how to protect yourself and recognize … Read More...

Everything You Need to Know About Adverse Possession in California

April 11, 2025 By Mark Mellor

Adverse possession is a legal concept that might sound surprising—it allows someone to claim ownership of property they don’t legally own, as long as specific conditions are met. While this might bring to mind images of opportunists taking over abandoned properties, adverse … Read More...

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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
Fax: (951) 222-2122
10.0Mark Albert Mellor

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