Archive for ‘property law’

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 …

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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:

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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 …

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Armory v. Delamirie:

Armory found a jewel and took it to Delamirie’s jewelry shop. Delamirie refused to return the jewel. “Of the first water” –  Jewelers and gem merchants have, for hundreds of years, rated the quality of diamonds and pearls …

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Mannillo v. Gorski:

Rule: Possession need not be knowingly and intentionally hostile, but it must be notorious enough to give the true owner actual or constructive notice of the encroachment. A property owner sought to enjoin the alleged trespass of an adjoining landowner …

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