Mahoney v. Walter
The court stated that one of the chief problems with the balancing of equities doctrine is that it compares the general loss to the public, such as loss of jobs, while it only considered specific loss to the private …
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Barber v. Superior Court
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Estate of Clark Case Brief | California Separate Property
Estate of Clark (1928) | California Separate Property
- Facts: Son dies shortly before H’s second marriage. H contests the will, inherits $150K
- Issue: Is the right to contest a will a prop right that vests at the son’s birth, or …
Dickerson v. Union National Bank of Little Rock | Rule Against Perpetuities
Dickerson v. Union National Bank of Little Rock
268 Ark. 292, 595 S.W.2d 677 (1980)
• Dickerson created a trust. The trust was to continue to until the death of both of her sons and their widows (if any) and …
Ebay, Inc. v. Bidder’s Edge, Inc. :
Rather than defer to legislature, the EBay court revives an old court and applies it the modern concept of intellectual property. EB brought suit against Bidder’s Edge seeking an injunction preventing defendant from accessing plaintiff’s computer. Ebay sued for …
Moore v. Regents of the Univ. of CA:
The Regents removed Moore’s spleen and retained it for research purposes. As a result of this research, the Regents established a cell line from Moore’s cells and obtained a patent for it. Majority said that body parts aren’t property. The …
Smith v. Chanel, Inc:
Smith was advertising that its perfume smelled just like “Chanel #5”. This is not a trademark violation because they are not saying, “it is Chanel #5” but rather that “it smells like”. This is called a nominative use of trademark: …
Cheney Brothers v. Doris Silk Corp:
Doris Silk Corp. copied a fashion design from Cheney Brothers. All such designs have a short life. Court says that Congress is the one empowered to determine the rights and that the court does have the right to determine rights …
International New Service v. Associated Press:
International News Service copied news that Associated Press gathered. Supreme Court stated this wasn’t really a property issue, but rather an issue of unfair competition, because “news” was factual and not property. Court held that AP could not take or …
Van Valkenburgh v. Lutz:
Rule: In order to acquire title by adverse possession, possession must be actual, it must be under claim of title, and the land must be either enclosed or sufficiently improved. Lutzes occupied the Van Valenburgh’s land by building …
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