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We reverse and remand as to the trademark and unfair competition claims.
Judgment affirmed as to the copyright claim; reversed and remanded as to the trademark and unfair competition claims.
Subsequently, both parties moved, pursuant to Fed.R.Civ.P. 56, for summary judgment on both the copyright and unfair competition claims.
Turning to Zatarain's unfair competition claims, the court observed that the evidence showed no likelihood of or actual confusion on the part of the buying public.
I therefore dissent from the decision so far as it relates to copyrightability but concur in its discussion and holding as to the trademark and unfair competition claims.
Plaintiff's unjust enrichment and unfair competition claims do not incorporate any such "nonequivalent" right and are preempted by federal copyright law.
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The district court did not grant summary judgment to either party on the unfair competition claim.
The boss of Royal Mail expects rival parcel-delivery companies to disappear amid intense competition, claiming "there's too much capacity" and that the current low prices are unsustainable.
The court also ruled against an antitrust claim brought against Genentech by Burroughs Wellcome and an unfair competition claim brought by Genetics Institute.
The following year he earned his first victory at a major international competition, claiming gold at the Four Continents event before taking silver at the world championships.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com