• Archive for May, 2012

    You Really Need It Signed

    by  • May 31, 2012 • copyright

    If you snoozed through biz org class in law school thinking that you weren’t going to be a transactional lawyer, perhaps you better go back and brush up on the law of agency. That’s what snagged Universal Music Group and its related company, UMG Recordings. That, and the pressure to get the deal done....

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    Don’t Get Greedy

    by  • May 28, 2012 • patent

    Tahir Mahmood believed that he was a co-inventor of a RIM patent.  He hadn’t worked for RIM, but it was undisputed that in 1995 he provided information to RIM about his own PageMail technology. In 1998 RIM filed a patent application for the patent that in 2001 ultimately matured into U.S. Patent No. 6,219,694....

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    Way Too Many Co-owners

    by  • May 23, 2012 • trademark

    International Importers v. International Spirits & Wines, LLC is, at bottom, a manufacturer-distributor dispute. It’s also a lesson in how not to handle trademark ownership. Fernbrew Pty. Ltd. Corp., an Australian company, is the owner of trademark registrations for WALLABY CREEK for wine in Australia, New Zealand, the EU, and Canada, but the U.S....

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    Salba United

    by  • May 19, 2012 • trademark

    I previously blogged about a case, Salba Corp. v. Ralston, where there were two different owners of SALBA-formative marks.  Salba Corp. owned the trademark SALBA (a varietal of chia seed) and the Ralstons then assigned their SALBASMART and SALBA BALANCE marks to Salba Corp. with a license back and a reversion if Salba Corp....

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    Trademark Troll Extraordinaire

    by  • May 16, 2012 • trademark

    We occasionally hear about trademark trolling, but Premier Pool Management Corp. v. Lusk takes it to a whole new level. Plaintiff Premier Pool Management Corp. (“PPMC”) offers swimming pool and spa construction services through licensees doing business as Premier Pool & Spas.  It first used the PREMIER POOL & SPAS mark in 1989 and was using it in...

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    A Successful Termination of Copyright

    by  • May 13, 2012 • copyright

    The first decision on a termination of a copyright grant under Section 203 of the Copyright Act is out of the gate. It’s a bit of a no-brainer though; in fact, the case was decided on a motion to dismiss. Victor Willis was one of the “Village People,” but more importantly he was one...

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