• And Not Even a Passing Reference to Whitman’s Chocolates

    by  • August 17, 2008

    Family relationships are frequent fodder for a blog about ownership of IP and also my favorite kind of case, because they are such tangled human stories. The contracts are also poor or nonexistent and the IP rights misunderstood if recognized at all, so trying to get to a fair outcome sometimes an interesting exercise....

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    Penguin to Continue Publishing Steinbeck

    by  • August 15, 2008

    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

    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

    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

    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

    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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    Tickler for Licensing IP

    by  • August 5, 2008

    This IP Finance blog post points us to a publication by the UK Intellectual Property Office giving some basics for licensing intellectual property. It looks like a useful handbook to remind us of the various points to remember when doing licensing work.

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    Lesson Learned

    by  • July 31, 2008

    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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