Intellectual Property Law

Quick Hits: Supreme Court Arguments, Unpublished Mass Appeals Court Decisions, Trademark Law Decision

By Lee Gesmer

The “Oyez” web site now presents oral arguments before the Supreme Court in multimedia: As you listen to the argument you see a synchronized transcript, and a photo of the judge or lawyer speaking appears every time there is a change in speaker. This multimedia presentation makes the experience of listening to these arguments much easier and more pleasant. Link here.

The Massachusetts Appeals Court has made its unpublished decisions available here. This is particularly helpful, since these decisions are difficult to obtain, and on February 25, 2008, the Court issued a ruling permitting unpublished decisions to be cited for their “persuasive value.” This modified a 23 year old court rule that unpublished decisions could not be cited as legal authority.

Massachusetts Federal District Court Judge F. Dennis Saylor, IV has issued a written decision in Commerce Bank and Trust Co. v. TD Banknorth, Inc. (see below). Judge Saylor found a likelihood of confusion between “Commerce Bank” and “TD Commerce Bank,” and issued a preliminary injunction in favor of the plaintiff. While this decision is unexceptional, it is a helpful road map to trademark law in this district, and is another example of Judge Saylor’s crisp and comprehensive writing style.

Full post as published by Mass Law Blog on May 30, 2008 (boomark / email).