• Archive for February, 2013

    Billy-Bob Teeth Bites Again

    by  • February 19, 2013 • copyright

    I recently wrote about the difference between standing in patent cases and copyright cases, and the always erudite Ron Coleman over at Likelihood of Confusion contributed on the topic. There is, in my mind, a flaw in copyright jurisprudence that essentially bars a defendant from challenging the chain of title for ownership of a...

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    Assignor Estoppel is Only a Shield

    by  • February 13, 2013 • patent

    Here’s a bit of an odd case — too much of a stretch for the court’s taste, but I suppose a hat tip for the try, and the plaintiff got out of it without being sanctioned. The case involves “assignor estoppel.” Assignor estoppel is an equitable doctrine that prevents an assignor of a patent...

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    Who, Exactly, is an “Author”?

    by  • February 11, 2013 • copyright, featured

    I confess that I haven’t paid enough attention to Aalmuhammed v. Lee, 202 F.3d 1227 (9th Cir. 2000) and its direction on the issue of “authorship” in a joint work. In Aalmuhammed, the Ninth Circuit observed that not everyone who contributes to a work is an author and set out, in the context of...

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    Waiting Too Long

    by  • February 8, 2013 • trademark

    Medical Products Laboratories, Inc. v. Premier Dental Products Co. had the makings of a good tale about joint ownership of a trademark, but alas, it was decided on a statute of limitations basis rather than anything more substantive. Maybe we’ll see something later in the state court. Medical Products was a contract manufacturer for...

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    Going to the Back-up Plan

    by  • February 1, 2013 • trademark

    This is a blog about ownership of all types of intellectual property, but it is undoubtedly the ownership of trademarks that provides the most litigation fodder.  I think it is because no one thinks of the trademarks, or else they only become important in hindsight. Taylor v. Thomas is a typical example of what...

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