• Posts Tagged ‘assignment’

    The SCO Group Wins One -Trademark, That Is

    by  • March 18, 2009 • trademark

    The effects of the infamous SCO Group copyright lawsuits ripple on and on. I can’t begin to summarize the complexities of the cases, but if you’re interested you can spend a few years perusing this site. In a sentence, The SCO Group claimed to be the owner of the copyright in one prong of...

    Read more →

    Jumping to Conclusions

    by  • February 22, 2009 • patent

    One thing lawyers are good at is exploiting weaknesses. A recently-filed case in Delaware used an incorrect admission in an unrelated case as grounds for a motion to dismiss, claiming that the admission demonstrated that the plaintiff was not the actual owner of the patent. The defendant’s motion was ultimately unsuccessful, but a lot...

    Read more →

    University versus Professor

    by  • February 13, 2009 • patent

    There have been a few news reports of a suit between the University of Missouri and Galen J. Suppes, a professor of chemical engineering, and William R. Sutterlin, a former graduate teaching assistant and post-doctoral fellow. The university has a broad contractual claim to ownership of patents for inventions created by its employees, including...

    Read more →

    Mars Gets at Least One Do-Over

    by  • January 3, 2009 • patent

    The June, 2008 decision in Mars, Inc. v. Coin Acceptors, Inc., blogged here, was a tale of what happens when companies move IP assets around for tax purposes. In Coin Acceptors, Mars sued Coin Acceptors, then assigned the patents to a subsidiary, MEI, Inc. The assignment created a standing problem for Mars, which lost...

    Read more →

    Not So Fast

    by  • November 18, 2008 • copyright, trademark

    In Halicki Films, LLC v. Sanderson Sales & Marketing, plaintiff Denice Shakarian Halicki and various related entities owned some rights – exactly what, to be decided by the court – in Eleanor, billed as “the only Ford Mustang in history to receive STARRING credit in a motion picture.“ There are really two Eleanors: a...

    Read more →

    You Still Have to Own the Copyright

    by  • November 14, 2008 • copyright

    The requirement for a written assignment of copyright can bedevil a copyright claimant, as in Tacori Enterprises v. Rego Manufacturing. In Tacori, the plaintiff was vulnerable because the assignment of copyright was not in a writing, although the original copyright owner and assignee agreed that the copyright had been assigned. Luckily for copyright owners,...

    Read more →

    Invention and Assignment of Patents

    by  • October 28, 2008 • patent

    A couple of ownership cases of interest. First, Oren Tavory failed in his effort to join in the NTP jackpot also known as the RIM settlement – he’s not a co-inventor because he didn’t have evidence that his contribution to the invention was more than simply the exercise of ordinary skill in the art....

    Read more →

    Cherry and Jerry Garcia

    by  • October 26, 2008 • trademark

    Awhile back I did a survey on ice cream flavors.  One of the flavors in the survey was Cherry Garcia, a Ben & Jerry’s flavor.  According to the PTO records, the trademark was originally registered by Ben & Jerry’s but was later assigned to Jerry Garcia’s estate in 1997. The Grateful Dead’s attorney passed away recently and...

    Read more →

    Pay Me Now or Pay Me Later

    by  • October 21, 2008 • copyright

    Tacori Enterprises v. Rego Manufacturing is such a meaty case that I’ll do separate posts on the various trademark and copyright issues in the case. This post is a lesson on how not to assign ownership of a copyright and register it – the plaintiff spent tens of thousands of dollars defending attacks on...

    Read more →

    Positively Perfect in Every Way

    by  • September 30, 2008 • patent

    Positive Technologies whiffed the first patent infringement complaint by filing in the name of the wrong entity, Positive-California, when it should have been filed in the name of Positive-Nevada.  Positive calls a mulligan and refiles in the correct entity’s name, then the two companies merge into Positive Technologies, Inc. The standing problems aren’t over...

    Read more →