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Topic: Exxon Corp v Exxon Insurance Consultants International

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List of leading legal cases in copyright law

Fair dealing

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Hugh Jackman

	BENEFICIARY Insurance
		When Ann tells him that her husband has changed the details of her life insurance policy, Matt agrees to be named the new beneficiary in order to keep any payout safe
		On the death of her husband, Lena becomes the beneficiary of a $10, 000 life insurance payment, and suddenly the family is in conflict over how the money should be spent
		The Tokio Marine and Fire Insurance Co., Ltd.
	digilander.libero.it /all_insurance/Beneficiary.html (652 words)

	Exxon Corp. v. Exxon Insurance Consultants International Ltd - Wikipedia, the free encyclopedia
		DP Anderson and Co Ltd v Lieber Code Co, [1917] 2 K.B. Hollinrake v Truswell, [1894] 3 Ch.
		Exxon Insurance Consultants International Ltd [1981] 3 All ER 241 is a leading decision in English law on the existence of copyright in a name alone and the infringement of a trade mark.
		Exxon argued that there is copyright in the word "Exxon" for two reasons.
	en.wikipedia.org /wiki/Exxon_Corp_v_Exxon_Insurance_Consultants_International (360 words)

	[No title]
		Plastilite Corp., 180 USPQ 156 (TTAB 1973), aff'd, 508 F.2d 824, 184 USPQ 348 (CCPA 1975)-- 308.02(a) Katz v.
		Coy International Corp., 230 USPQ 675 (TTAB 1986)--601.01; 601.02; 602.01 Miller v.
		Corp., 141 USPQ 407 (TTAB 1964)--206.03; 303.05(c); 512.04 Randall and Hustedt, In re, 226 USPQ 1031 (TTAB 1985)-- 1203.02(c) Ratny, In re, 24 USPQ2d 1713 (Comm'r 1992)--1002 Red Carpet Corp. v.
	www.uspto.gov /go/dcom/ttab/tbmp/cases.txt (14243 words)

	[No title]
		Stadis Corp., 17 USPQ2d 1216 (TTAB 1990) (where opposer filed motion to amend its pleading during its testimony period, motion nevertheless granted since the interests of justice and judicial economy would best be served thereby, and since any prejudice suffered by applicant could be mitigated by reopening discovery solely for applicant); Microsoft Corp. v.
		Shaklee Corp., 214 USPQ 654 (TTAB 1982) (consolidation denied where one case was just in pleading stage, and testimony periods had expired in other); Envirotech Corp. v.
		Solaron Corp., 211 USPQ 724 (TTAB 1981) (consolidation denied as possibly prejudicial to defendant where defendant's involved marks were not all the same and issue was likelihood of confusion); World Hockey Ass'n v.
	www.uspto.gov /go/dcom/ttab/tbmp/0500.txt (17709 words)

	O'Donnell, [1997] 3 Web JCLI
		The problems arise of course, when a cross-jurisdictional infringement occurs and it may well be that an examination of applicability and extent of international private law (notably the Brussels Convention on the Jurisdiction and Enforcement of Judgments on Civil and Commercial Matters 1968) may come into play in respect of such cases.
		This was a consideration in the case of Elanco v Mandops [1980] RPC 213 where the issue of "cutting a commercial corner" was aired.
		The "commercial corner" in the instant case would have been that instead of the defenders investing the time and money in creating their own headlines and articles, they simply acted as a somewhat fraudulent key to the pursuers' stories possibly impliedly representing them as their own.
	webjcli.ncl.ac.uk /1997/issue3/odonn3.html (3413 words)

	Accountants
		Exxon did not waive appeal of pretrial evidentiary ruling by failure to renew objection at trial, such renewal being unnecessary under Fed.
		Exxon says expert's methods were unsophisticated, and that he should have conducted "competitive impact analysis" for each station to show that Exxon's price caused it to lose business.
		Manufacturer objects that neither engineer nor safety consultant had firsthand experience with relevant machine, but such firsthand knowledge is not prerequisite to admissibility of expert testimony.
	www.daubertontheweb.com /accountants.htm (11043 words)

	The law of Trial Practice and Litigation Techniques
		International Paper Co., 414 U.S. The United States Supreme Court agreed to review the case because the decision conflicted with decisions in other Federal Circuits, but affirmed in a 4-4 vote with one Justice not participating.
		Alliance Resources corp, 509 U.S. Where the defendant's conduct (fraudulent in Alabama) was lawful, by statute, in most other states, its' reprehensibility level was low, and an award of $2,000,000 in exemplary damages and $4,000 in compensatory damages met the grossly excessive standard, violating the due process rights of the defendant.
		Seven Falls Co., 515 U.S. Some courts hold that attorneys are prohibited from ex parte contacts with the former employees of their litigation opponents if the former employees' statements could be imputed to the former employer for the purpose of imposing liability.
	www.litigationlaw.net (4504 words)

	IT Act, 2000 and Copyright Issues
		The international legal regime for copyright and information technology dates back to 1977 when WIPO drafted Model Provision for the Protection of Computer Software by encompassing three major components of the I.T. such as computer programmes ‘Programme description’ and ‘supporting materials’.
		The issue of the copyright status of headlines was discussed more directly in the context of the second part of the pursuer’s claim alleging that these should be classed as literary works so that their reproduction by the defenders would constitute breach of copyright.
		V Exxon Insurance Consultants Ltd. Is authority for the proposition that copyright does not subsist in single invented word, it is unclear how much more is required for its protection.
	www.asianlaws.org /projects/copyright_issues.htm (11339 words)

	[No title]
		The origin of those phrases is the oft quoted passage in the speech of Lord Watson in Allen v Flood [1898] AC 1,96, which was applied by the majority of this court (Buckley and Kennedy LJJ) in National Phonograph Co. Ltd v Edison-Bell Consolidated Phonograph Co. Ltd [1908] 1 Ch 335.
		Exxon Corp -v- Exxon Insurance Consultants International Ltd [1982] RPC 69
		It is on this basis, of course, that there may be copyright in works of a comparatively humdrum nature, such as straightforward translations; though of course such copyright may be of little value, because another such work may be produced without difficulty, without recourse to the copyright work.
	www.swarb.co.uk /lisc/IntlP19801984.php (3714 words)

	Story, 'Owning Diana: From People's Princess to Private Property' [1998] 5 Web JCLI
		In Exxon Corp. v Exxon Insurance Consultants International [1981] 3 All ER 241, the Court of Appeal concluded that the invented (and trade marked) word "Exxon" was not an "original literary work" because it did not convey information or provide instruction or give pleasure (Exxon at 248 (per Stephenson LJ)).
		Trade mark law has traditionally presumed that trade marks, as property rights, were given to traders by the state in exchange for commercial use and to assist in drawing a connection between a trade mark, the goods to which they were affixed, and the consuming public.
		Yet when royalty is a party claiming intellectual property rights, judges can initiate some quite creative jurisprudential voyages as was the case in Prince Albert v Strange [1849] 1 Mac and G 25 which did much to establish breach of confidence law.
	webjcli.ncl.ac.uk /1998/issue5/story5.html (11568 words)

	Glossary of IP Terms - IP Info - Own It
		Copyright material can only be used under fair dealing for the purpose of criticism and review of that work or the reporting of a news event.
		Although these may be common words or images, and so uncopyrightable due to insufficient originality, they can be registered as trademarks after which their use by other parties becomes actionable.
		The cultural position on intellectual property that they represent has been challenged in various international declarations such as the Bellagio Declaration of 1993 and the Geneva Declaration on the future of WIPO 2004.
	www.own-it.org /ipinfo/glossary (1529 words)

	List of leading legal cases in copyright law : Copyright case law (Site not responding. Last check: 2007-10-26)
		Autodesk v Dyason (No.2)[?] (1993) 176 CLR 300 (the idea-expression divide is the "dominant principle in copyright law" per Mason CJ: "when the expression of any idea is inseparable from its function, it forms part of the idea and isn't entitled to the protection of copyright" per Dawson J)
		Computer Edge Pty Ltd v Apple Computer Inc[?] (1986) 161 CLR 171 (test in Exxon for literary work is "not intended to establish a comprehensive or exhasutive definition of literary work for copyright purposes" per Mason and Wilson JJ (Aus.))
		Yumbulul v Reserve Bank of Australia[?] (1991) 21 IPR 481 ("copyright law doesn't provide adequate protection of Aboriginal community claims to regulate the reporoduction and use of works which are essentially communal in origin" (Aus.))
	www.explainthat.info /co/copyright-case-law.html (936 words)

	Silica (Site not responding. Last check: 2007-10-26)
		Plaintiffs claimed that Exxon Corp. and Mobil Oil Corp. were responsible for Powers’ alleged mixed dust pneumoconiosis, asbestos-related diseases and silica-related diseases, including lupus and tuberculosis, which allegedly resulted in his death in 1997.
		Defense: ExxonMobil Corp. presented evidence that ExxonMobil is a leader in occupational safety practices with respect to asbestos, silica and dusts generally, that Powers did not die from an occupational lung disease and that ExxonMobil owed no duty to plaintiffs’ decedent.
		Federal Insurance Co. is represented by William P. Shelly of Cozen O’Connor in Philadelphia and Daniel F. Gourash of Porter Wright Morris and Arthur in Cleveland.
	www.mealeys.com /silica.html (12847 words)

	Attorney Fees - 08/97-07/00
		International Precious Metals Corp., MultiVest Inc., et al.
		Exxon Corp., et al., etc. Preview Iss., 5/97, p8.
		State Farm Mutual Automobile Insurance Co., et al.
	www.mealeys.com /ATF0700.htm (1376 words)

	Dallas Business Journal: Local Business News
		Government subsidies or tax credits for purchasing health insurance would do little to reduce the number of uninsured Americans, according to a new study by the Rand Corp.
		Marketing Consultant - Business Development Analyst - The Academy of Business Strategy
		The state-of-the-art mergers and acquisitions database at Mergerplace.com has connected thousands of business sellers with business buyers.
	www.bizjournals.com /dallas (518 words)

	Market America v Ray Rossi - Memorandum Opinion: Jeff Babener MLM Attorney
		Although no longer in business, International Heritage at the time was a network marketing company based in Raleigh, North Carolina, which operated in a similar manner to Market America.
		Accordingly, to the extent that Market America’s breach of contract claim relies on alleged violations of the excerpt identified in the Professional Service Agreements, paragraphs 5 or 25 of the Certified Trainer Agreements, paragraph 2 of the Advisory Council Agreements, or subparagraph 4B of the Advisory Council Agreements, Defendants’ motion for summary judgment is denied.
		Generally, a covenant not to compete is enforceable and not in restraint of trade only if it is "(1) in writing, (2) made part of a contract of employment, (3) based on valuable consideration, (4) reasonable both as to time and territory, and (5) not against public policy." Whittaker Gen. Med.
	www.mlmone.com /mktamerica.html (11415 words)

	International Council for Equality of Opportunity Principles Manuscript Collection (Site not responding. Last check: 2007-10-26)
		It was felt that the collective power of international corporations with holdings in the Republic had the power to peacefully confront and eradicate race domination.
		International Association of Machinists and Aerospace Workers, 1978-1979
		International Confederation of Free Trade Against Unions, Symposium on Action Against Apartheid in the Framework of the ILO, January 19-20, 1984
	www.library.temple.edu /collections/urbana/iceop.htm (2525 words)

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