Barclays Capital Inc. v. Theflyonthewall.com 650 F.3d 876 (2d Cir. 2011) ("hot news" misappropriation is preempted by copyright law where claims fall within the scope of the Copyright Act)
Dastar Corp. v. Twentieth Century Fox Film Corp. 539 U.S. 23 (2003) (it is a misuse of trademark law to try to use the doctrine of reverse passing off to assert protection over a formerly copyrighted work which has passed into public domain)
GoPets Ltd v. Hise 657 F.3d 1024 (9th Cir. 2011) (Anticybersquatting Consumer Protection Act (ACPA) claims to be evaluated at the point of registration, not re-registration)
Hornby v. TJX Companies 87 USPQ2d 1411 (T.T.A.B. 2008) (cancellation granted on the basis of false suggestion of a connection between Twiggy and the children's clothing line)
Inwood Labs v. Ives Labs 456 U.S. 844 (1982) (evaluating functionality considerations and secondary liability for inducing infringement)
K
KP Permanent Make-Up, Inc. v. Lasting Impression I. Inc. 543 U.S. 111, 124 (2004) ("a plaintiff claiming infringement of an incontestable mark must show likelihood of consumer confusion as part of the prima facie case, ... while the defendant has no independent burden to negate the likelihood of any confusion in raising the affirmative defense that a term is used descriptively, not as a mark, fairly, and in good faith")
Louis Vuitton v. Haute Diggity Dog 507 F.3d 252 (CA4 2007) (parody is not automatically a defense to dilution, but a successful parody changes the approach to the 6 dilution factors)
M
Mattel, Inc. v. MCA Records, Inc. 296 F.3d 894 (9th Cir. 2002), cert. denied, 537 U.S. 1171 (2003) (song which parodies Barbie is noninfringing free speech, not unfair competition or prohibited dilution)
Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989) (expressive uses of trademarks do not infringe)
Q
Qualitex Co. v. Jacobson Products Co., Inc., 514 U.S. 159 (1995) (a single color can qualify for trademark protection so long as it has acquired secondary meaning in the marketplace)
Two Pesos, Inc. v. Taco Cabana, Inc. 505 U.S. 763 (1992) (Supreme Court applied trademark distinctiveness spectrum to trade dress, arguably giving official sanction to the merger of the requirements for trademark and trade dress, noting that inherently distinctive trade dress required no showing of secondary meaning.)
Wal-Mart Stores v. Samara Brothers 529 U.S. 205 (2000) (regarding trade dress - a product's design is distinctive, and therefore protectable, only upon a showing of secondary meaning)
Y
Yale Electric Corp. v. Robertson 26 F. 2d 972 (2nd Cir. 1928) (protection of trade names; even if marks are on goods which are not in competition, the mark may be infringing if there is a significant likelihood of consumer confusion)