• About Pamela Chestek

    Penguin to Continue Publishing Steinbeck

    by  • August 15, 2008 • copyright

    In the past I could have just linked to William Patry’s blog for a case like this, but unfortunately no more. We’ll just have to soldier on and do our best to understand the intricacies of termination rights in copyright law without the benefit of his knowledge and insight. A recently published termination case,...

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    Bratz Mandamus Denied

    by  • August 13, 2008 • copyright, trademark

    The 9th Circuit, brief and to the point: Petitioners’ motion to file portions of the emergency motion and the petition for writ of mandamus under seal is granted. The motion to exceed the page limitation on the petition is granted. The emergency motion for an order suspending trial is denied. Petitioners have not demonstrated...

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    Fall River’s Own Lizzie Borden

    by  • August 12, 2008 • trademark

    A local segment from WBUR’s broadcast of this morning’s NPR show “Morning Edition” was about a dispute in Massachusetts over the rightful owner of Lizzie Borden’s history. The argument is in the form of a trademark lawsuit, where the owner of the “Lizzie Borden Museum” trademark (website here) filed a complaint for trademark infringement...

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    Bratz Hobby

    by  • August 9, 2008 • copyright

    Watching the Bratz litigation has become a bit of a hobby for me. Law.com reports that MGA applied for a writ of mandamus with the Court of Appeals for the Ninth Circuit, asking it to overturn the district court’s denial of the motion for mistrial that MGA filed when it learned that a juror...

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    “Heritage” Brands Revisited

    by  • August 8, 2008 • trademark

    Thanks to John Welch for pointing me to a new decision from the TTAB, Chrysler LLC v. Pimpo. Chrysler LLC opposed the registration of the mark RAMBLER for “automobiles and structural parts therefor” by Anthony S. Pimpo. RAMBLER is, of course, a model of car that was produced from 1950 to 1969 – you...

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    Lesson Learned

    by  • July 31, 2008 • patent

    This is a story that makes lawyers groan “if only I could’ve been there.” The plaintiff, Miller, had an idea for a four-way induction unit for an air handling system. He told his idea to Shutes, who introduced him to defendant M&I Heat Transfer Products, a company that designed and manufactured induction units. M&I,...

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    Oklahoma City or Seattle Supersonics?

    by  • July 28, 2008 • trademark

    There is some consternation in Seattle. The Seattle Supersonics are moving to Oklahoma City. One news report said “the SuperSonics are headed to Oklahoma City with Bennett leading the way, leaving behind the team name, colors and 41 years of history.” More accurately, another report said a binding agreement would “keeps the SuperSonics’ name,...

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