Last Friday IRead more →
Last Friday IRead more →
I’m very interested in C.F.M. Distributing Co. v. Costantine, a case about a failed franchise and a son’s effort to revive it. The effort failed because there were so many former uncontrolled licensees that the Trademark Trial and Appeal Board held (as affirmed by the Federal Circuit) that the applicant was not the owner...Read more →
Here’s a document—does it transfer copyright ownership? The court held on a motion for summary judgment that it was a question for the finder of fact. The same judge, in a bench trial, has now decided. Which way did it go? Add comments below. Updated 19 Feb. 14: Follow up post here. The text...Read more →
It’s always tricky to sell a business that uses your personal name. Probably a lot of the value of the acquisition is tied to the name — imagine selling Martha Stewart Living Omnipedia without getting full rights to the name “Martha Stewart.” But the person selling the name has made his or her living...Read more →
I was all stoked because one of the most complicated trademark ownership cases I’ve ever seen, C.F.M. Distributing Co. v. Costantine, was appealed to the Federal Circuit. Super! Clarification from a Court of Appeals on trademark ownership! Sigh. Affirmed under Rule 36 without an opinion. Oral argument here. The text of this work is...Read more →
Where a work is a “work made for hire” by virtue of it being specially commissioned, there must be a writing saying so signed by both parties. And it really has to be signed. On July 10, 2010 Zenova signed an agreement to create a website framework for defendant Mobile Methodology, LLC (“MML”). The...Read more →
In the United States we often think of “unfair competition” as a claim that is for infringement of an unregistered trademark, but the theory is broader than that. Los Defensores v. Gomez is the rare case where there was an unfair competition claim not involving a trademark, and it was successful. Plaintiff-respondent Los Defensores...Read more →
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Thanco Products and Imports, Inc. v. Kontos is a case that intrigues me. It’s an adversarial proceeding in a bankruptcy, not having to do with who owns the trademarks exactly, but what happens when one lies about it. In 2006 and 2007 Debtor George Kontos filed six trademark applications that ultimately registered, for GREEK...Read more →
I goofed, by a count of one. I previously said that there were nine (out of sixty) Sherlock Holmes works that were still under copyright. Turns out that there are ten, or 17%. And the Conan Doyle Estate’s efforts to extend the copyright life of the Sherlock Holmes character because a small number of...Read more →
I often write about cases where there are two claimants to the same trademark. We’re still struggling with the fundamental doctrine that should apply in the situation, and because we’re struggling it means that the litigants may not capture or offer evidence that the fact finder needs in order to decide. Which is what...Read more →
Not necessarily wrong, but harsh. The outcome is clearly contrary to the contracting parties’ intent, and a third party, an accused infringer, reaps the benefits. Non-party Roman Martinez, Sr. was the author of two songs, Buscando Un Cariño and Morenita de Ojos Negros. On June 5, 1981, he and his band El Grupo Internacional...Read more →
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© 2013 Pamela S. Chestek. All rights reserved.