• About Pamela Chestek

    All the Wrong Reasons

    by  • July 11, 2016 • trademark • 2 Comments

    In a recent Trademark Reporter Commentary, I went on a tirade about a two district court cases that, in my view, misinterpreted Section 10 of the Lanham Act. Section 10 generally prohibits assignment of intent-to-use applications “except for an assignment to a successor to the business of the applicant, or portion thereof, to which...

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    Dodged a Bullet

    by  • June 27, 2016 • patent • 0 Comments

    Awhile back I titled a blog “Pay Attention to This One.” People did. You can read in more detail about the facts in the appeals court opinion blogged here, but the crux is that an inventor had an oral agreement with his employer that he would be paid a bonus for his inventions in...

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    More INTA fun!

    by  • May 17, 2016 • Uncategorized • 0 Comments

    And don’t forget also the e-Trademarks Listserv reception, another popular event where those of us who ordinarily commune via email can actually meet in person! See you at B.B. King’s Blues Club, (9101 International Dr. Suite 2230), Tuesday, May 24 from 5-8 pm. You can sign up here or through the QR code on...

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    Pick Your Story

    by  • May 16, 2016 • trademark • 1 Comment

    When you have one theory for one court, and a different theory for a later one, it probably isn’t going to turn out too well. In the latter suit before the Trademark Trial and Appeal Board, Weber-Stephen Products, LLC, famous maker of grills, petitioned to cancel the registration for a stylized “Q” trademark owned...

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    Must-Do INTA Event

    by  • May 14, 2016 • Uncategorized • 0 Comments

    INTA is fast upon us – appointments made, packing list written, comfortable shoes worn in. And I know that you have a spot reserved on your calendar for the never-to-be-missed Meet the Bloggers! Except this year it is fabulously BEAT the Bloggers because There’s bowling! Yes, you too can see whether you still got...

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    That’s Not How It Works

    by  • May 10, 2016 • trademark • 0 Comments

    There is a common misperception that one can somehow grab rights by filing a trademark application. It just doesn’t work that way in the United States. Today’s schooling is from the Trademark Trial and Appeal Board. Entertainingly, one party, Alvin Reed, Sr., is both petitioner and respondent (for a registered trademark) and opposer and...

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    So Many Ways to Lose

    by  • May 3, 2016 • trademark • 0 Comments

    The Trademark Blog tweeted CRYE v. DURO Would’ve liked to see discussion whether there can be protectable trade dress in a camoflage patternhttps://t.co/kF0jDU0gL8 — TrademarkBlog (@TrademarkBlog) April 30, 2016 Oh, but there are so many ways that the plaintiff was going to lose this lawsuit, and whether camouflage can have secondary meaning is so...

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    Suing the Patent Owner

    by  • May 2, 2016 • patent • 0 Comments

    As we all know, standing is difficult in patent cases. There are two types of “exclusive” licensees (in my view, making jurisprudence very confusing). First is the “virtual assignee” who has essentially all of the rights of the patent owner and can sue for infringement without having to join the patent owner. Second is...

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    Three Registrations, One Work: The Answer

    by  • April 29, 2016 • copyright • 2 Comments

    I previously posted about a copyright infringement suit with three registrations for the same work, brought by William L. Roberts aka Rick Ross, and Andrew Harr and Jermaine Jackson aka The Runners, alleging infringement of a musical work titled “Hustlin’.” I asked what happens on a motion for summary judgment on the questions “was...

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