• A Trademark Cause of Action Absent Confusion

    by  • April 13, 2015 • 0 Comments

    Sometimes it’s difficult to state a claim for a trademark ownership dispute. There is no cause of action per se for declaring or correcting ownership of a trademark.* Resolution of the ownership issue is almost always subsumed into the infringement claim, because the two warring parties are both trying to use the trademark and...

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    Assent Versus Signature

    by  • April 9, 2015 • 0 Comments

    I asked whether the below “Submit” page, used when one posts a review on Rip-Off Report (owned by defendant Xcentric), transferred an exclusive license in the submitter’s copyright: If you were to use the scrollbar on the right, you would find this grant: “By posting information or content to any public area of www.RipoffReport.com,...

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    STC.UNM v. Intel Stands

    by  • April 8, 2015 • 0 Comments

    I’ve written in the past about a patent ownership stand-off, where, because of a mix-up in assignments and a disinterested possible co-owner, the interested owner cannot enforce the patent (original decision here and en banc decision here). The Supreme Court has refused to review the decision, so Ethicon, Inc. v. United States Surgical Corp.,...

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    Sometimes It’s That Easy

    by  • April 7, 2015 • 0 Comments

    Legal doctrine has developed a manufacturer-distributor paradigm, but that is too simplistic in today’s commercial world. What we have in ACRO Biosystems v. Acrobiosystems USA LLC, an opposition, is manufacturer versus branch office. The opposer is a Chinese manufacturer of biochemical reagents sold in the US under the mark ACROBIOSYSTEMS. The applicants are a...

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    Was It Licensed?

    by  • April 6, 2015 • 1 Comment

    Below is a portion of the “Submit” page when one posts a review on Rip-Off Report, owned by defendant Xcentric. (Click on the image for the full page.) If you were to use the scrollbar on the right, you would find this grant: “By posting information or content to any public area of www.RipoffReport.com,...

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    Meet the Bloggers

    by  • April 3, 2015 • 0 Comments

    It’s time again for Meet the Bloggers on Monday, May 4th, at 8 PM, recreating the first historic gathering that John Welch and Marty Schwimmer put together at Henry’s Pub and Restaurant, 618 Fifth Avenue, in San Diego. (I was there!, I really was!, but I must have been in the bathroom or something when...

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    The Drifters, Yet Again

    by  • March 22, 2015 • 0 Comments

    One thing that’s sure to make my eyes roll back into my head is the word “Drifters” in a case caption. Westlaw has 13 cases listed, 8 federal, 3 state and 2 TTAB. Now the TTAB has had another crack at it, including looking at evidence that goes all the way back to the...

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    Who Owns a Community Trademark?

    by  • March 19, 2015 • 0 Comments

    I’ve written a lot about trademark ownership disputes under US law, where trademark rights arise through use. The question comes up when two or more formerly cooperating parties have a falling out and each claim to own the same trademark. But the issue can’t arise just in the US, certainly there are failed business...

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    Attention Sharks

    by  • March 16, 2015 • 0 Comments

    I like to watch Shark Tank. If you haven’t seen it, entrepreneurs come pitch a panel of notable business people asking for an investment in their nascent companies. Often the topic of intangible assets—generally patents and trademarks—comes up, which presumably the sharks are taking into account when valuing a company. The entrepreneurs make representations...

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    Two for One

    by  • March 12, 2015 • 1 Comment

    I like the cross-over of different legal disciplines. Ownership issues arise as part of an infringement claim, but also come up in trusts and estates, mergers and acquisitions, taxation, and bankruptcy. These cases can end in an unexpected way, sometimes happening because there is a failure to understand exactly how the various trademark, copyright...

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    No, It Doesn’t

    by  • March 10, 2015 • 2 Comments

    I previously asked whether the below check transferred copyright ownership: It doesn’t, at least not on a motion for summary judgment. If you can’t read it, on the memo line the check says “For rights to song ‘Dos Horas De Vida.” The check was written by defendant Hacienda Records to Jose Guzman, the songwriter...

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    Today’s Quiz

    by  • March 7, 2015 • 2 Comments

    Does this check transfer copyright ownership? If you can’t see the image, the check (which was cashed) is for $75.00 and on the memo line says “For rights to song ‘Dos Horas De Vida.” What do you think? Leave your comments below. The text of this work is licensed under a Creative Commons Attribution-No...

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