• About Pamela Chestek

    Cutting to the Chase

    by  • October 17, 2016 • trademark • 0 Comments

    Props to the bankruptcy court in the Eastern District of North Carolina for cutting through to the meat of a trademark ownership dispute. We have a company, B6USA, Inc., doing business as “BaySix,” in Chapter 11 bankruptcy. B6USA was formed in March 2005 and was solely owned by Katherine D. Hite, who was also...

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    Choice of Law and Copyright Ownership

    by  • October 10, 2016 • copyright • 0 Comments

    RCTV International Corp. v. Rosenfeld is a exhaustive examination of how US copyright law applies to works of foreign origin. Plaintiff Radio Caracas Television RCTV C.V. is a Venezuelan television company that created the telenovela series “Juana La Virgen”1. RCTV Caracas hired defendant Perla Farias De Eskinazi (“Farias”), also Venezuelan, on four different annual...

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    A Family of Marks with Different Owners

    by  • October 3, 2016 • trademark • 0 Comments

    The “family of marks” concept in trademark law is a difficult one to win. We all understand the concept, which is that consumers realize that when trademarks share a similar trait, like restaurant food products that start with “Mc,” the goods come from the same source. Proof of a family of marks is challenging,...

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    Isn’t It the Corporate Secretary’s Job …

    by  • September 26, 2016 • trademark • 0 Comments

    Isn’t it the Corporate Secretary’s job (and in this case, the same person was also the General Counsel) to make sure that documents are signed by the right entity? In East West Bank Co. v. The Plubell Firm LLC, not once, but twice the Corporate Secretary, Douglas Krause, executed trademark maintenance documents for the...

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    Copyright Notice and Ownership

    by  • September 19, 2016 • copyright • 0 Comments

    Eminent scholar Jessica Litman has published What Notice Did, 96 B.U.L. Rev. 717 (2016), an interesting article on how copyright notice has shaped copyright ownership jurisprudence. Most interesting to me was the “head’s I win, tails you lose” nature of notice. Since 1870 an assignment had to be in writing, but publishers would name...

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    You Will Never Get a Copyright Registration Right

    by  • September 9, 2016 • copyright • 0 Comments

    I previously wrote about the licensing discussion in Palmer/Kane LLC v. Rosen Book Works LLC, but the decision also points out what is the near impossibility of successfully registering the copyright in a work so that you can actually have a lawsuit claiming it was infringed. Palmer/Kane originally alleged the infringement of 19 works,...

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